Request for Proposals · v. proposal evaluation and contract award procedures vi. general...

Request forProposals

Bill de BlasioMayor

Ana Barrio Acting Commissioner

Thomas Foley, P.E., CCM, ENV SPDeputy Commissioner Public Buildings

Project PIN

Submission Deadline

Printed on paper containing 30% post-consumer material.

NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION

DIVISION OF PUBLIC BUILDINGS

REQUEST FOR PROPOSALS

DESIGN SERVICES FOR THE CONSTRUCTION OF THE NEW NYPD RODMAN’S NECK FIREARMS AND TACTICS FACILITY,

BOROUGH OF THE BRONX

PROJECT: PO79ROD PIN: 8502018PD0001P

EPIN: 85018P0007

TABLE OF CONTENTS PREFACE I. TIMETABLE II. SUMMARY OF THE REQUEST FOR PROPOSALS III. SCOPE OF WORK AND CONTRACT CONDITIONS IV. FORMAT AND CONTENT OF THE PROPOSAL V. PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES VI. GENERAL INFORMATION TO PROPOSERS VII. ATTACHMENTS AND ENCLOSURES ATTACHMENT 1 - STATEMENT OF UNDERSTANDING AND CERTIFICATION ATTACHMENT 2 - IRAN DIVESTMENT ACT COMPLIANCE RIDER FOR NYC CONTRACTORS ATTACHMENT 3 - TECHNICAL PROPOSAL FORMS ATTACHMENT 4 - FEE PROPOSAL FORM ATTACHMENT 5 - ACKNOWLEDGEMENT OF ADDENDA ATTACHMENT 6 - SCHEDULE B: M/WBE UTILIZATION PLAN ATTACHMENT 7 - DOING BUSINESS DATA FORM ATTACHMENT 8 - WHISTLEBLOWER PROTECTION EXPANSION ACT ATTACHMENT 9- SUBCONTRACTOR REPORTING ATTACHMENT 10 - DISPLACEMENT DETERMINATION FORM- PURSUANT TO CITY

CHARTER § 312(A) ATTACHMENT 11 – HIRENYC RIDER ATTACHMENT 12 – PAID SICK LEAVE LAW CONTRACT RIDER APPENDIX 1 – CONTRACT DOCUMENT


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PREFACE

The City of New York (the “City”) is committed to achieving design and construction excellence in its capital program by continuing to build on a strong tradition of innovation in architecture and engineering that has contributed to the City’s prestige as a global destination. As part of this effort, the City’s Department of Design and Construction (“DDC”) seeks Consultants and Contractors that consistently demonstrate design and construction excellence, characterized by the following four (4) concepts. Further, Consultants and Contractors that enter into contracts with DDC are expected to possess the necessary professional expertise and management skills to complete projects within the schedule and on budget. DDC’s Four (4) Overarching Concepts: Equity Designing for equity is a paradigm shift that affirmatively promotes design for all. The built environment and our civic infrastructure can powerfully advance everyone’s participation in the life of the City. Design can improve access to essential services and places of work, socialization, recreation and culture, especially in underserved neighborhoods. Extraordinary design can harness latent local qualities, turning serviceable projects into magnetic and catalytic ones. Through sensitive engagement with New York’s diverse communities and recognition of local histories, backgrounds, needs and voices, design teams can develop projects that measurably enhance well-being, neighborhood identity and social cohesion. Overall, the DDC aims to improve the procurement, design and construction of the City’s public buildings by:

• Encouraging thriving neighborhoods, economic growth, and job creation

• Integrating government and social services by identifying community needs; and

• Creating access to high-quality community based resources Sustainability New York City is continuing to move aggressively to reduce its impact on the environment – meeting tomorrow’s needs without compromising resources available to future generations. DDC is helping the City rapidly minimize greenhouse gas emissions through dramatically reduced building energy use in both new construction and renovation. On building sites and infrastructure projects, DDC designs natural systems and habitats through the five boroughs to manage storm water and bring the many benefits of nature to citizens. The City has set a high bar, pledging a reduction in greenhouse gas emissions of 80 percent from 2005 levels by 2050, and reducing commercial waste 90 percent by 2030. DDC’s High Performance Infrastructure Guidelines and Design and Construction Excellence 2.0 Guiding Principles are the foundation of DDC’s goals to bring excellence in design to all projects by:

• Significantly lowering the City’s carbon footprint by reducing the City’s greenhouse gas emissions;

• Working to link carbon reduction opportunities to new and existing public buildings and infrastructure projects; and

• Investigating energy retrofits Resiliency Resilience design delivers projects capable of adapting to change. Resiliency means preparing the City’s public buildings and infrastructure to maintain service, and to rapidly rebound from extreme


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events. The chief hazards to the City’s built environment are storms and flooding of increased frequency and greater severity, extreme heat, extreme cold and human caused tragedies. Many of these risks will loom larger as the effects of global warming become more obvious. Some resiliency challenges develop over time, such as hazards from sea level rise and critical systems that are not maintained. Design can not only make us safe, but can also build communities, enhance neighborhoods and invite investment. Well-coordinated tactics that can evolve and adapt over time will achieve robust buildings, infrastructure, neighborhoods and services. In a post-hurricane environment, DDC wants to ensure that all future capital projects are designed to heightened expectations of resiliency by:

• Mitigating neighborhood flooding and offering high-quality water services;

• Assuring that areas at risk are built to updated code standards and construction practices; and

• Recreating a sense of community and neighborhood safety lost in the aftermath of Hurricanes Irene and Sandy

Healthy Living DDC collaborated with other city agencies and outside stakeholders on Active Design Guidelines which showed that design can encourage active lifestyles. Physical activity can reduce such prominent health problems as chronic obesity and diabetes. With Healthy Living as a Guiding Principle, DDC encourages design teams to think about ways the built environment can aid mental well-being. These include access to nature, a sense of clarity and safety in public places - which reduces anxiety. DDC healthy living Guiding Principles match the Mayor’s commitment to create a built environment that fosters well-being for all individuals, families, and neighborhoods. DDC manages a wide variety of project types supporting and contributing to the City’s ability to reduce income and employment disparities. In addition, DDC’s ability to enable co-location and community sharing provides flexibility for future demographic changes by making effective use of available funds and services by:

• Helping to create the conditions by which New Yorkers of all ages can live, work, learn and play in neighborhoods that promote an active and healthy lifestyle;

• Assuring that all New Yorkers will have access to public facilities and infrastructure that provide for physical and mental well-being; and

• Understanding and supporting the cultural diversity of the communities served. All of DDC’s projects are governed by aspirations of excellence and equity. The design and construction of new civic buildings and infrastructure projects will contribute to a vision of the City’s growth that fosters equity, sustainability, resilience and healthy living goals. Capital upgrades and improvements will strengthen and protect the legacy and character of our City’s neighborhoods using contemporary standards for safety and environmental durability.


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SECTION I. TIMETABLE

A. RFP Issuance

Submission Deadline:

The proposer shall deliver, on or before 4:00PM on Thursday, October 12, 2017, the proposal in a clearly marked envelope or package. The proposal shall consist of six (6) separate clearly marked, sealed packages containing the following:

(1) Portfolio (1 original, 5 copies)

(2) Technical Proposal (1 original, 5 copies)

(3) 1 electronic version of the Portfolio and the Technical Proposal saved as a PDF on a clearly

marked compact disc (CD) or a clearly marked USB drive with the name of the firm (4) Doing Business Data Form (1 original) (5) Schedule B: M/WBE Utilization Plan (1 original) (6) Fee Proposal Form (1 original)

Proposals shall be hand delivered to the contact person at the location listed below. Proposals received after the applicable due date and time prescribed in the RFP are late and will not be accepted except at the discretion of DDC pursuant to the applicable section of the City Procurement Policy Board Rules.

Maritza Ortega, 718-391-1542 Professional Contracts Section Department of Design and Construction 30-30 Thomson Avenue, 4th Floor (Entrance on 30th Place) Long Island City, NY 11101 E-mail: [email protected]

NOTE: Proposers are held responsible for ensuring that the Professional Contracts Section receives the RFP response package by the Submission Deadline noted above. Proposers are warned not to rely on signed delivery slips from their messenger services. Occasionally packages are delivered to the School Construction Authority (“SCA”), which is located in the same building as DDC and the packages are not forwarded to the DDC Professional Contracts Section in a timely manner. Entrance to DDC is on 30th Place. DDC’s entrance is NOT on Thomson Avenue, despite the fact that DDC’s address has a Thomson Avenue street address.

B. Inquiries

In the event a proposer desires any explanation regarding the meaning or interpretation of this RFP, such explanation must be requested in writing, no later than one week prior to the submission date prescribed in the RFP. In the event DDC determines that it is necessary to respond to the inquiry in writing, such response will be furnished as an addendum to the RFP to all potential proposers known to have downloaded the RFP. All addenda will be available on DDC’s


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website at http://ddcftp.nyc.gov/rfpweb/. All inquiries must be directed ONLY to the contact person listed above.

C. Addenda

Receipt of an addendum to this RFP by a proposer must be acknowledged by attaching an original signed copy of each addendum to the Technical Proposal. All addenda shall become a part of the requirements for this RFP. In addition to the individual signed addenda, proposals submissions should also contain a signed copy of Attachment 5, Acknowledgement of Addenda.

E. Notification

The following is the estimated timetable for receipt, evaluation, and selection of proposals. This is only an estimate and is provided to assist responding firms in planning.

a. Shortlisted firm presentations upon notification by DDC. b. Commence Work: When directed by DDC.

http://ddcftp.nyc.gov/rfpweb/


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SECTION II. SUMMARY OF THE REQUEST FOR PROPOSALS

A. General

The New York City Department of Design and Construction, Public Buildings Division, Police Program Unit, is seeking an appropriately qualified design consultant team to perform architectural, engineering, and construction-related services for the New York City Police Department’s (NYPD) new buildings and structures to replace or augment the existing facilities at the Rodman’s Neck Firearms and Tactics Facility in Rodman’s Neck, Pelham Bay Park, Bronx, New York. Proposers will submit the materials prescribed in Section IV to document the proposer’s ability to provide design services for the project that is the subject of this RFP. Based on an evaluation of these materials, proposers shall be ranked in accordance with their scores and evaluators will generate a short list either through a natural break in scores or a technically viable cut off score. DDC will establish a short list of firms to be further considered in one-hour presentations. See Section V. Part B for a more detailed description of the presentation requirements. The agency will commence fee negotiations with the highest ranked firm.

The selected firm would demonstrate an understanding of and commitment to design excellence that will be expressed in dignified forms and interior and exterior spaces that will inspire pride in City architecture. The design should incorporate a cost-effective approach, fully considering life cycle analysis in selection of materials and systems; a balance of innovative design and traditional operating practices including durability and ease of maintenance.

B. Objectives of The Project

1. The prime objective of this project is to design and construct new buildings and structures to replace or augment the existing facilities at the Rodman’s Neck Firearms and Tactics Facility for the New York City Police Department (NYPD). The new facility will provide critically needed program spaces that will fortify the NYPD’s complete training mission. The program includes, but is not limited to, the following components: (1) Recruit and In-Service Instructional spaces, (2) Administrative Offices, (3) Lecture Environments, (4) Tactical Village Environments, (5) Firearm Ranges, (6) Food Services, (7) Ammunition Storage, (8) Parking Areas, (9) Exterior Site Improvements, and (10) Site Infrastructure.

2. Interior space will comprise approximately 52,000 square feet. Fully-baffled outdoor firing

ranges totaling 175,000 sf will provide 260 firearm-shooting points. Included in the 260 shooting points will be a 25 point range dedicated for use by the New York City Department of Correction (DOC) for training, A 45,000 sf partially-baffled outdoor ten-point rifle range is included. A new tactical village of diverse structures will total approximately 48,000 sf of interior space. Exterior tactical program space will provide 60,000 sf of streetscapes scenario training. Expanded parking areas are included along with new entry gates, a 700-sf security gatehouse, and a widened access road allowing vehicle inspection within Pelham Bay Park.

3. Site wide infrastructure upgrades are required, including utilities for electricity and natural gas, data and communication, internal vehicular roadways and pedestrian pathways, water service


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and sanitary sewer, storm water management and flood mitigation measures. The project shall incorporate sustainable design principles in compliance with Local Law 86.

4. The redevelopment of the Rodman’s Neck facility was outlined through a Capital Project Scope Development study that serves as a general guide to the project. The findings and proposals of that study for redevelopment are proposals only and the Consultant is required to validate all decisions made, propose independent solutions, and strive to provide alternatives that provide improved efficiency and cost effectiveness.

5. The CPSD study is inclusive of program requirements for NYPD and DOC operations. This

project will include only program requirements for the NYPD, with the exception of one dedicated 25 point range for DOC use. This dedicated range will be built to the same specifications as all other outdoor, fully-baffled ranges.

6. This project is for training and administrative facilities for NYPD Firearms & Tactics Section

only. Co-located at this site are facilities for the Department of Correction and NYPD’s Bomb Squad Unit. The design of this project will consider existing and proposed facilities which will remain at this site.

7. Reduction of noise levels on site and in surrounding neighborhoods is to be achieved. The design of the ranges will be required to provide sound reduction so that gunfire is in the range of ambient noise in adjacent neighborhoods.

C. Background of The Project

1. Commencing at the start of the First World War the Rodman's Neck 48.7 acre site has been continuously utilized by federal, state and city agencies for military and police functions. From 1930 through 1936, it was used by the New York City Police Department as an outdoor training site for its police academy, and from the end of the Second World War through the mid-1950's, the site served as an anti-aircraft base and radar fire control center of the United States Army.

2. Since 1959 the NYPD and other law enforcement and public safety agencies including numerous federal, state and municipal entities, have used the site as an outdoor firing range, training facility and bomb detonation area, and for other law enforcement related purposes. Currently the NYPD conducts firearms and tactical training as well as bomb detonation for recovered ordnance, the DOC uses the facility for firearms training. In addition to 4,000 NYPD recruits each year, the training facility also oversees annual re-qualification, and continuing education training for 30,000 active duty officers.

3. At present, the training facility is a conglomeration of temporary structures, modular units and a scattering of permanent structures. The modular facilities are used for classrooms, simulation training, administrative offices, weapons cleaning, locker rooms, equipment distribution, firearms repair, ammunition storage, food services, and restroom facilities. Thirty storage containers are used for equipment and records storage. Six outdoor firing ranges are used for firearms training. The existing ranges consist of a wood frame shed for shooter locations and stationary targets downrange. The bullets fired within the range are captured by large earthen berms requiring constant hazardous material remediation to clear the berms of spent ammunition. This cyclical remediation requires the ranges to be taken out of service resulting in reduced training capacity.


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4. The portions of the site associated with the NYPD Bomb Squad and structures currently used for NYPD tactical training and simulated training scenarios along with additional existing modular structures used by both NYPD and DOC determined to remain through findings of the Schematic Design Phase are excluded from this project other than allowances for and connections to site and infrastructure upgrades. The balance of the site south of the chain link perimeter fence separating the site from the remainder of Pelham Bay Park is included in the project

D. Joint Ventures and Other Consultant Relationships

There is no minimum requirement for the proportion of work by either of the two joint venture parties. Joint ventures must carry the required insurance either as policies written specifically for the joint venture entity, or by using their existing single entity policies with endorsements written for the joint venture activity. The Joint Venture must be formed as a separate legal entity prior to award. DDC does not recognize the corporate configuration wherein one company is “in association with” another. Relationships between two or more firms shall be either as joint venture or prime consultant/subconsultant. In the event that a proposal is received wherein two or more firms are described as being "in association with" each other, DDC will treat the relationship as one of prime consultant/subconsultant (s). The RFP evaluation will be handled accordingly, and if chosen as a winner, the contract documents will show only the prime firm on the signature page, and all other firms will be relegated to Exhibit B, which lists any subconsultants.

E. Contract Term

The estimated cost of the required construction work for the project is to be determined. The Contract shall commence as of the date of registration by the Comptroller and shall remain in effect until Final Acceptance of all required construction work for the Project and completion of all required services. The anticipated time frame for completion of all required services, broken down by phase, is set forth below. All time frames below are in consecutive calendar days (“CCDs”).

• Anticipated Time Frame for Completion of all Required Services: 2,005 CCDs • Anticipated Time Frame for Design Phase: * 730 CCDs • Anticipated Time Frame for Construction Phase: 1275 CCDs

* The Design Phase includes, but is not limited to the following: (1) pre-schematic services, (2) preparation of design documents, (3) review by City agencies, (4) value engineering, and (5) bid, award and registration of construction contracts.

F. Insurance

Requirements for insurance that must be provided by the Consultant and its subconsultants are specified in Article 7 of Appendix A, which is included as an Exhibit to the contract. The cost of all insurance is deemed included in payments to the Consultant, as set forth in the contract. The Proposer is advised to review such insurance requirements.

G. Payment Provisions

The term and conditions regarding payment to the Consultant are set forth in Article 7 of the attached contract.


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SECTION III. SCOPE OF WORK AND CONTRACT CONDITIONS A. Project Objectives

The Project Objectives provide a comprehensive description of the project, including a detailed description of the design services required. The Project Objectives are included as Exhibit F of the attached Contract. The project should address the following:

• The new facility will provide critically needed program spaces that will fortify the NYPD’s complete training mission. The program includes, but is not limited to, the following components: (1) Recruit and In-Service Instructional spaces, (2) Administrative Offices, (3) Lecture Environments, (4) Tactical Village Environments, (5) Firearm Ranges, (6) Food Services, (7) Ammunition Storage, (8) Parking Areas, (9) Exterior Site Improvements, and (10) Site Infrastructure.

• All work to be phased to allow the facility to remain operational throughout construction.

• The project will be designed in accordance with Local Law 86 of 2005. Subconsultant expertise must be provided as follows: Lighting consultant with proven expertise in energy efficient lighting design; LEED Specialist and Energy Modeling and Analysis specialist.

• DDC intends to use building information modeling (BIM) and document management system software on this project.

B. Contract Provisions

The services to be provided by the Consultant and all standards of performance applicable to the required services are set forth in the form of contract, attached hereto and incorporated herein as part of this RFP. Any firm awarded a contract as a result of this RFP will be required to sign this form of contract. The proposer is advised to carefully review the contract in its entirety before submitting a proposal.

C. Compliance with Local Law 86 of 2005 (Green Buildings)

The scope of work shall meet Local Law 86 (LL86) requirements (www.nyc.gov/html/oec/html/green/green.shtml) and include the sustainable design services defined in the DDC Design Consultant Guide and A comprehensive site and building design strategy to meet the required level of LEED certification and minimum energy use reduction threshold. At this time, the requirement for this project appears to be LEED v4 Silver with a minimum 25-30% energy cost reduction relative to the NYS Energy Conservation Construction Code will be applicable. In addition to preparing the required documentation for LEED certification, the consultant will be required to provide project data for the purposes of project reporting using the Local Law 86 reporting worksheet, as requested by the agency. Such data includes project description, construction cost, LEED credits sought and earned (if applicable), reductions in energy cost and in water use, and incremental construction cost. The consultant will provide all services as necessary to support the commissioning agent to be hired under a separate contract by the DDC. Commissioning services will be sufficient to achieve the LEED prerequisite and credit for enhanced commissioning.


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D. Compliance with Iran Divestment Act of 2012:

Pursuant to State Finance Law Section 165-a and General Municipal Law Section 103-g, the City is prohibited from entering into contracts with persons engaged in investment activities in the energy sector of Iran. Each proposer is required to complete the attached Bidders Certification of Compliance with the Iran Divestment Act, certifying that it is not on a list of entities engaged in investments activities in Iran created by the Commissioner of the NYS Office of General Services. If a proposer appears on that list, the Agency/Department will be able to award a contract to such proposer only in situations where the proposer is takings steps to cease its investments in Iran or where the proposer is a necessary sole source. Please refer to Attachment 2 for information on the Iran Divestment Act required for this solicitation and instructions on how to complete the required form and go to http://www.ogs.ny.gov/About/regs/ida.asp for additional information concerning the list of entities. A proposal shall not be considered for award nor shall any award be made where the proposer fails to submit a signed and verified proposer’s certification.

E. Participation by Minority Owned and Women Owned Business Enterprises in City Procurement

If the contract resulting from this Request for Proposals will be subject to M/WBE participation requirements under Section 6-129 of the Administrative Code of the City of New York, as indicated by the inclusion of Schedule B – M/WBE Utilization Plan (Attachment 6) and the Participation Goals indicated in Part I thereof, proposers must complete the Schedule B – M/WBE Utilization Plan and submit it with their proposals. Please refer to the Schedule B – M/WBE Utilization Plan and the Notice to All Prospective Contractors (Attachment 6) for information on the M/WBE requirements established for this solicitation and instructions on how to complete the required forms. If the proposer intends to seek a full or partial waiver of the Participation Goals on the grounds described in Section 10 of the Notice to All Prospective Contractors, including but not limited to, proposer’s intention to use its own forces to perform any or all of the required contract work would result in a failure to attain the Participation Goals, the proposer must request and obtain from the Agency a full or partial waiver of the Participation Goals (M/WBE Utilization Plan, Part III) in advance of proposal submission and submit the waiver determination with the proposal. Please note that if a partial waiver is obtained, the proposer is required to submit a completed Schedule B-M/WBE Utilization Plan based on the revised Participation Goals in order to be found responsive. Note: As fully explained in Attachment 6, if you are planning to request a waiver of the Participation Goals, the waiver must be submitted to the Agency at least seven calendar days prior to the proposal due date and time in order to be considered.

F. Compliance with Local Law 34 of 2007

Pursuant to Local Law 34 of 2007, amending the City's Campaign Finance Law, the City is required to establish a computerized database containing the names of any "person" that has "business dealings with the city" as such terms are defined in the Local Law. In order for the City to obtain necessary information to establish the required database, vendors responding to this solicitation are required to complete the attached Doing Business Data Form and return it with this proposal, and should do so in a separate envelope. (If the responding vendor is a proposed joint venture, the entities that comprise the proposed joint venture must each complete a Data Form.) If the City determines that a vendor has failed to submit a Data Form or has submitted a Data Form that is not complete, the vendor will be notified by the agency and will be given four (4) calendar days from receipt of notification to cure the specified deficiencies and return a complete


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Data Form to the agency. Failure to do so will result in a determination that the proposal is non-responsive. Receipt of notification is defined as the day notice is e-mailed or faxed (if the vendor has provided an e-mail address or fax number), or no later than five (5) days from the date of mailing or upon delivery, if delivered.

G. Whistleblower Protection Expansion Act Rider

Local Law Nos. 30 and 33 of 2012, codified at sections 6-132 and 12-113 of the New York City Administrative Code, the Whistleblower Protection Expansion Act, protect employees of certain City contractors from adverse personnel action based on whistleblower activity relating to a City contract and require contractors to post a notice informing employees of their rights. Please read Attachment 8, the Whistleblower Protection Expansion Act Rider, carefully.

H. Subcontractor Compliance Notice The selected vendor will be required to utilize the City’s web based system to identify all subcontractors in order to obtain subcontractor approval pursuant to PPB Rule section 4-13, and will also be required to enter all subcontractor payment information and other related information in such system during the contract term. Please read Attachment 9, the subcontractor compliance notice as it relates to competitive solicitations.

I. Compliance with HireNYC and Reporting Requirements:

The Hiring and Employment Rider shall apply to contracts valued at $1 million or more for all goods, services and construction except human services contracts that are subject to the Public Assistance Hiring Commitment Rider. The Rider describes the Hire NYC process and obligations, including reporting requirements throughout the life of the contract. The Hire NYC process requires contractors to enroll with the HireNYC system within thirty days after the registration of the contract subject to this solicitation, to provide information regarding all entry to mid-level job opportunities arising from this contract and located in New York City, and to agree to interview qualified candidates from HireNYC for those opportunities. The Rider also includes reporting requirements unrelated to HireNYC. Please read Attachment 11, the HireNYC Rider, carefully.

J. Paid Sick Leave Law Contract Rider

The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time. Contractors of the City of New York [or of other governmental entities] may be required to provide sick time pursuant to the PSLL. Attachment 12, the Paid Sick Leave Law Rider, will be included in any contract awarded from this RFP and will incorporate the PSLL as a material term of such a contract. Please read Attachment 12 carefully.


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SECTION IV. FORMAT AND CONTENT OF THE PROPOSAL

A. Proposal Subdivision Instructions:

Proposers should provide all information required in the format below. The proposal should be typed on both sides of 8½” X 11” paper. The City of New York requests that all proposals be submitted on paper with no less than 30% post-consumer material content, i.e., the minimum recovered fiber content level for reprographic paper recommended by the United States Environmental Protection Agency (for any changes to that standard please consult: https://www.epa.gov/smm/comprehensive-procurement-guidelines-paper-and-paper-products). Pages

should be paginated. The proposal will be evaluated on the basis of its content, not its length. Failure to comply with any of these instructions will not make the proposal non-responsive.

B. Portfolio Requirements:

The portfolio serves to highlight each proposer’s previously completed architectural projects that demonstrate extraordinary creativity and insight. Proposers should submit projects that demonstrate this ability in interior planning and design, as well as sensitivity to project site planning and the surrounding environment. Projects illustrating creative and innovative design solutions, as well as use of sustainable technologies and innovative and creative use of materials, should be clearly presented and clearly described. Portfolio (1 original, 5 copies) Provide a portfolio of up to four projects built within the last ten years that demonstrate the firm’s creativity and insight in solving architectural problems. For each project, include the following: (1) two verifiable references for each project (2) resumes of the lead designer, (3) plan views as well as site plans, with a three-dimensional view of the exterior; and other graphic content as necessary, and (4) a brief written description highlighting the salient characteristics of the project, including the design approach and a description of what was innovative about the design. In addition, list any design citations or awards and entries to design competitions. Present each project on a single-sided 11x17 inch sheet folded to 8 ½ x 11 inches; including all text. All of the pages shall be bound in covers no larger than 9 x 12 inches. Format may be either landscape or portrait, but not both.

C. Technical Proposal Requirements:

Technical Proposal (1 original, 5 copies) The technical proposal shall contain the following information:

1. Cover letter:

No more than three pages, including the company name and address, and the name, address and telephone number of the person authorized to represent the responding firm. (Be sure to refer to the proper DDC project number and title on the cover page.) Include a brief history of the firm, the overall firm organization, its goals and objectives, and a statement of its design philosophy.

2. Experience of Firm & Subconsultants: Submit Attachment 3 (Part A), to identify by name the subconsultants the proposer intends to use for this Project. Submit the following for the proposer and each subconsultant identified in Attachment 3: examples of up to four projects, completed

https://www.epa.gov/smm/comprehensive-procurement-guidelines-paper-and-paper-products


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within the last ten years, which are similar in scope and type to the Project described in this RFP. Visual materials can take the form of a printed brochure, photographs, drawings or similar images. For each project, the proposer shall provide information indicating whether the project was completed on time and within budget.

3 Key Personnel for the Project: Submit Attachment 3 (Part B), to identify by name the individuals to be assigned to

the Project for its entire duration as Key Personnel. The required titles of Key Personnel for the Project are set forth in Attachment 3. Minimum requirements for individuals assigned to the Project as Key Personnel are set forth in Exhibit E to the Contract, in addition to Attachment 3 (Part C). Submit the following for each individual identified in Attachment 3 (Part B):

a. Resume: The resume shall detail the individual’s managerial and technical

qualifications, as well as his/her experience with similar projects. 4. Technical Approach:

Provide a three page statement describing the proposer’s technical approach to the project, including (1) its understanding of the technical issues and complexities of the project, (2) its techniques for problem solving, (3) its technical quality control procedures including effective examples of successful implementation, (4) its management structure noting roles and responsibilities, and (5) its risk management strategy.

5. Project Methodology

Provide a statement (up to three pages) describing the proposer’s project methodology, including its methodology for tracking and maintaining the project’s budget, schedule, risk management, sub consultant management, and effective examples of successful implementation.

6. Statement of Understanding and Certification The Statement of Understanding form (Attachment 1) should be signed by a responsible partner or corporate officer of the proposing firm and submitted with firm’s Technical Proposal.

7. Acknowledgement of Addenda:

The Acknowledgement of Addenda form (Attachment 5) serves as the proposer’s acknowledgement of the receipt of addenda to this RFP that may have been issued by the Agency prior to the proposal due date and time. The proposer should complete this form and any individual issued addendum as instructed on the form.

8. Form SF330 The Proposer and its subconsultants shall complete and submit a separate SF330

Form. The proposer and subconsultants must complete all sections of the form. Provide up to five (5) projects in Section F of the SF330 Form.

The form is available at http://www1.nyc.gov/site/ddc/contracts/work-with-ddc.page

D. One (1) electronic version of the Portfolio and Technical Proposal Requirements saved as a PDF on a clearly marked compact disc (CD) or a clearly marked USB drive with the name of the firm.

http://www1.nyc.gov/site/ddc/contracts/work-with-ddc.page


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E. Fee Proposal A form for submission of the Fee Proposal is included as Attachment 4 of the RFP. The proposer must submit the Fee Proposal in a separate, clearly labeled, sealed package. The proposer must complete the Fee Proposal as per instructions on Attachment 4.

F. Proposal Package Contents (“Checklist”) The Proposal Package should consist of the following: 1. Portfolio (1 original, 5 copies):

Separate sealed envelope clearly marked with “Portfolio”

2. Technical Proposal: (1 original, 5 copies): Sealed envelope, clearly marked as “Technical Proposal”, including:

• Items listed in Section IV C of the RFP • Completed SF330 (for both the Proposer and its subconsultants) • Statement of Understanding and Certification (Attachment 1) • Completed and Notarized Certification of Compliance with Iran Divestment Act (Attachment 2) • Technical Proposal Forms (Attachment 3) • Acknowledgement of Addenda (Attachment 5)

*All Addenda issued must also be signed and included

In the Technical Proposal

3. Fee Proposal (1 Original) (Attachment 4) Separate sealed envelope clearly marked as “Fee Proposal”

4. One (1) electronic version of the Portfolio and the Technical Proposal saved as a PDF on a clearly marked compact disc (CD) or a clearly marked USB drive with the name of the firm.

5. Doing Business Data Form (1 Original) (Attachment 7)

Separate sealed envelope clearly marked as “Doing Business Data Form” (Do not include a cover or bind)

6. Schedule B: M/WBE Utilization Plan (1 Original) (Attachment 6) Separate sealed envelope, clearly marked as “M/WBE Utilization Plan” (Schedule B, Part II), or Approved Waiver of Participation Goals (Schedule B, Part III), or M/WBE Utilization Plan (Schedule B, Part II) and Approved Partial Waiver of Participation Goals (Schedule B, Part III).


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SECTION V. PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES

This is a Quality Based Selection (QBS) project. DDC will follow the selection process below, and negotiate a fair and reasonable price with the highest ranked firm after the completion of presentations. If negotiations are not successful, DDC will enter into negotiations with the next highest ranked firm. Note: Each proposer is required to submit a Fee Proposal for the project, however, DDC will only open the Fee Proposal of the firm selected for negotiation in accordance with the process described above. A. Technical Proposal Evaluation

A DDC evaluation committee including a representative from the client agency will review, evaluate and score all proposals pursuant to the criteria prescribed below. This evaluation and scoring will determine the proposer’s Technical Rating. Proposers shall be ranked in accordance with their scores and the evaluation committee will generate a short list either through a natural break in scores or a technically viable cut off score. Scores will be solely based on the submission requirements referred to in Section IV.

The scores will be submitted to the Executive Consultant Selection Committee who will certify the results and determine the number of top ranked firms to be included on the short list of firms to be further considered in the team presentation selection process.

Technical Proposal Evaluation Criteria: The projects submitted will be evaluated based on the following criteria:

a. Design Quality, Creativity, and Site Relationship (Weight 15%)

b. Constructability, Innovative Use of Materials, Systems and Construction (Weight 15%)

c. Key Personnel (Weight 30%)

d. Technical Approach (Weight 40%)

B. Team Presentation Evaluation (Applicable to Short-Listed Proposers Only):

A DDC evaluation committee including a representative from the client will review, evaluate, and score the Team Presentation pursuant to the same criteria prescribed above under Technical Proposal Evaluation Criteria. The Team Presentation shall focus on the consultants’ abilities that will enhance the project’s design development and execution, key personnel, the proposers technical approach and project methodology. Each proposer will be requested to make a one-hour presentation of their submission. Such presentation shall include the following: (1) an introduction to the firm and to the following Key Personnel for Architectural Design: Principal, Project Manager, Project Architect, Senior Architectural Designer, and Senior Interior Designer; (2) an introduction to the main sub-consultants; and (3) a statement as to how the proposed project methodology, including project approach and problem solving techniques, will meet the primary design objectives of this project, as well as the standard of design excellence described in Section II of this RFP.


RFP-15

The presentation should be structured to highlight the proposer’s response to the submission requirements for Proposals. In addition, the portfolio of the projects previously submitted in the Technical Proposal shall be available for further evaluation. Be advised, if short-listed, selected firms will be required to make a PowerPoint presentation at DDC’s office within 5 days of short list notification.

Proposers will be ranked in accordance with their final technical ratings. The rankings will be submitted to the Executive Consultant Selection Committee who will certify the results and authorize fee negotiations to commence with the highest ranked firm. Should negotiations fail with the highest ranked firm, the ECSC will authorize negotiations to commence with the next highest ranked firm.

C. Basis of Award:

The Department of Design and Construction will award a contract to the responsible proposer whose proposal is determined to be the highest quality and most advantageous to the City, taking into consideration the overall quality of the proposal as measured against factors or criteria as set forth in the Request for Proposals and the successful negotiation of an appropriate fee. Such fee negotiation shall commence upon written notification and shall conclude no more than thirty days thereafter.

D. Supply and Service Employment Report:

Upon selection, the successful proposer will be required to submit one original copy of the Department of Small Business Services Supply and Service Employment Report, a copy of which can be downloaded from http://www1.nyc.gov/site/sbs/businesses/contract-compliance.page Upon written notification, the proposer must submit the Supply and Service Employment Report within ten days of such notification.

E. PASSPort:

Procurement and Sourcing Solutions Portal (PASSPort) Disclosure Filing (formerly known as Vendor Information Exchange System (VENDEX) Forms or Certificate of No Change) All organizations intending to do business with the City of New York should complete an online disclosure process to be considered for a contract. This disclosure process was formerly completed using Vendor Information Exchange System (VENDEX) paper-based forms. In anticipation of awards, proposers to Design Services for the Construction of a New NYPD Rodman’s Neck Firearms and Tactics Facility, Borough of the Bronx must create online accounts in the new Procurement and Sourcing Solutions Portal (PASSPort) and file all disclosure information. Paper submissions, including certifications of no changes to existing VENDEX packages will not be accepted in lieu of complete online filings. For more information about PASSPort, please visit nyc.gov/passport

http://www1.nyc.gov/site/sbs/businesses/contract-compliance.page


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F. Contract Finalization:

Upon selection, the successful proposer will be asked to finalize a contract with DDC subject to the conditions specified in the RFP and to the agency's standard contract provisions. The contents of the selected proposal, together with this RFP and any addendum/addenda provided during the proposal process, may be incorporated into the final contract to be developed by the agency.


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SECTION VI. GENERAL INFORMATION TO PROPOSERS

A. Complaints

The New York City Comptroller is charged with the audit of contracts in New York City. Any proposer who believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the Comptroller, Office of Contract Administration, 1 Centre Street, Room 1005, New York, NY 10007; the telephone number is (212) 669-2323. In addition, the New York City Department of Investigation should be informed of such complaints at its Investigations Division, 80 Maiden Lane, New York, NY 10038; the telephone number is (212) 825-5959.

B. Applicable Laws

This Request for Proposals and the resulting contract award(s), if any, unless otherwise stated, are subject to all applicable provisions of New York State Law, the New York City Administrative Code, New York City Charter and New York City Procurement Policy Board (PPB) Rules. A copy of the PPB Rules may be obtained by contacting the PPB at (212) 788-7820.

C. General Contract Provisions

Contracts shall be subject to New York City’s general contract provisions, in substantially the form that they appear in “Appendix A-General Provisions Governing Contracts for Consultants, Professional and Technical Services” or, if the Agency utilizes other than the formal Appendix A, in substantially the form that they appear in the Agency’s general contract provisions. A copy of the applicable document is available through the Authorized Agency Contact Person.

D. Contract Award

Contract award is subject to each of the following applicable conditions and any others that may apply: New York City Fair Share Criteria; New York City MacBride Principles Law; submission by the proposer of the requisite New York City Department of Small Business Services/Division of Labor Services Employment Report and certification by that office; submission by the proposer of the requisite VENDEX Questionnaires/Affidavits of No Change and review of the information contained therein by the New York City Department of Investigation; all other required oversight approvals; applicable provisions of federal, state and local laws and executive orders requiring affirmative action and equal employment opportunity; and Section 6-108.1 of the New York City Administrative Code relating to the Local Based Enterprises program and its implementation rules.

E. Proposer Appeal Rights

Pursuant to the PPB Rules, proposers have the right to appeal Agency non-responsiveness determinations and Agency non-responsibility determinations and to protest an Agency’s determination regarding the solicitation or award of a contract.

F. Multi-Year Contracts

Multi-year contracts are subject to modification or cancellation if adequate funds are not appropriated to the Agency to support continuation of performance in any City fiscal year succeeding the first fiscal year and/or if the contractor’s performance is not satisfactory. The Agency will notify the contractor as soon as is practicable that the funds are, or are not, available for the continuation of the multi-year contract for each succeeding City fiscal year. In the event of cancellation, the contractor will be reimbursed for those costs, if any, which are so provided for in the contract.

G. Prompt Payment Policy

Pursuant to the New York City’s Procurement Policy Board Rules, it is the policy of the City to process contract payments efficiently and expeditiously.


RFP-18

H. Prices Irrevocable

Prices proposed by the proposer shall be irrevocable until contract award, unless the proposal is withdrawn. Proposals may only be withdrawn by submitting a written request to the Agency prior to contract award but after the expiration of 90 days after the opening of proposals. This shall not limit the discretion of the Agency to request proposers to revise proposed prices through the submission of best and final offers and/or the conduct of negotiations.

I. Confidential, Proprietary Information or Trade Secrets

Proposers should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed by the City. Such information must be easily separable from the non-confidential sections of the proposal. All information not so identified may be disclosed by the City.

J. RFP Postponement/Cancellation

The Agency reserves the right to postpone or cancel this RFP in whole or in part, and to reject all proposals.

K. Proposer Costs

Proposers will not be reimbursed for any costs incurred to prepare proposals.

L. VENDEX Fees

Pursuant to PPB Rule 2-08(f)(2), the contractor will be charged a fee for the administration of the VENDEX system, including the Vendor Name Check process, if a Vendor Name Check review is required to be conducted by the Department of Investigation. The contractor shall also be required to pay the applicable required fees for any of its subcontractors for which Vendor Name Check reviews are required. The fee(s) will be deducted from payments made to the contractor under the contract. For contracts with an estimated value of less than or equal to $1,000,000, the fee will be $175. For contracts with an estimated value of greater than $1,000,000, the fee will be $350.

M. Charter Section 312(a) Certification.

_✓___The Agency has determined that the contract(s) to be awarded through this Request for Proposals will not result in the displacement of any New York City employee within this Agency. See attached Displacement Determination Form.

_____ The Agency has determined that the contract(s) to be awarded through this Request for Proposals will result in the displacement of New York City employee(s) within this Agency. See attached Displacement Determination Form.

____ The contract to be awarded through this Request for Proposal is a task order contract that does not simultaneously result in the award of a first task order; a displacement determination will be made in conjunction with the issuance of each task pursuant to such task order contract. Determination for any subsequent task orders will be made in conjunction with such subsequent task orders.

____________________________ ________________________ Agency Chief Contracting Officer Date


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ATTACHMENT 1: STATEMENT OF UNDERSTANDING AND CERTIFICATION

STATEMENT OF UNDERSTANDING: By signing in the space provided below, the undersigned certifies that the proposer: (i) has read and understands the scope and requirements of this project, as described in the RFP and all attachments; (ii) has the capacity to execute this project, (iii) agrees to accept payment in accordance with the requirements of this RFP and the standard design contract, attached hereto, (iv) will, if its proposal is accepted, enter into the attached standard contract with the New York City Department of Design and Construction, and (v) will carry all types of insurance specified in the contract. The undersigned further certifies that the information in this proposal is, to the best of his/her knowledge, true and accurate. Is the proposal printed on both sides, on recycled paper containing the minimum percentage of recovered fiber content as requested by the City in the instructions to this solicitation?

□ Yes □ No CERTIFICATION FOR M/WBE UTILIZATION PLAN: By signing in the space below, the proposer agrees to the Vendor Certification and Required Affirmations set forth below, unless a full waiver of the Participation Goals is granted. The Vendor Certification and Required Affirmations will be deemed to satisfy the requirement to complete Section V of Part II of Schedule B: M/WBE Utilization Plan. Section V: Vendor Certification and Required Affirmations I hereby: 1) acknowledge my understanding of the M/WBE participation requirements as set forth in this Contract and

the pertinent provisions of Section 6-129 of the Administrative Code of the City of New York (“Section 6-129”), and the rules promulgated thereunder;

2) affirm that the information supplied in support of the M/WBE Utilization Plan is true and correct; 3) agree, if awarded this Contract, to comply with the M/WBE participation requirements of this Contract, the

pertinent provisions of Section 6-129, and the rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract;

4) agree and affirm that it is a material term of this Contract that the Vendor will award the total dollar value of the M/WBE Participation Goals to certified MBEs and/or WBEs, unless a full waiver is obtained or such goals are modified by the Agency; and

5) agree and affirm, if awarded this Contract, to make all reasonable, good faith efforts to meet the M/WBE Participation Goals, or If a partial waiver is obtained or such goals are modified by the Agency, to meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms.

_________________________________________ Name of Proposer

(Full Business Name) By:__________________________________ _________________________________ Signature of Partner or Corporate Officer Date (Sign in Ink) __________________________________ _________________________________ Print Name Title __________________________________ _________________________________ Telephone # EIN # _________________________________ _________________________________ Address E-Mail Address


RFP-20

ATTACHMENT 2

IRAN DIVESTMENT ACT COMPLIANCE RIDER

FOR NEW YORK CITY CONTRACTORS

The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State Finance Law (“SFL”) §165-a and General Municipal Law (“GML”) §103-g. The Iran Divestment Act, with certain exceptions, prohibits municipalities, including the City, from entering into contracts with persons engaged in investment activities in the energy sector of Iran. Pursuant to the terms set forth in SFL §165-a and GML §103-g, a person engages in investment activities in the energy sector of Iran if: (1) The person provides goods or services of twenty million dollars or more in the energy sector of

Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or

(2) The person is a financial institution that extends twenty million dollars or more in credit to

another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created pursuant to paragraph (b) of subdivision three of Section 165-a of the State Finance Law and maintained by the Commissioner of the Office of General Services.

A bid or proposal shall not be considered for award nor shall any award be made where the bidder or proposer fails to submit a signed and verified bidder’s certification. Each bidder or proposer must certify that it is not on the list of entities engaged in investment activities in Iran created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law. In any case where the bidder or proposer cannot certify that they are not on such list, the bidder or proposer shall so state and shall furnish with the bid or proposal a signed statement which sets forth in detail the reasons why such statement cannot be made. The City of New York may award a bid to a bidder who cannot make the certification on a case by case basis if: (1) The investment activities in Iran were made before the effective date of this section (i.e., April

12, 2012), the investment activities in Iran have not been expanded or renewed after the effective date of this section and the person has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran: or

(2) The City makes a determination that the goods or services are necessary for the City to perform

its functions and that, absent such an exemption, the City would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.


RFP-21

ATTACHMENT 2 (continued)

PROPOSER’S CERTIFICATION OF COMPLIANCE WITH IRAN DIVESTMENT ACT

Pursuant to General Municipal Law §103-g, which generally prohibits the City from entering into contracts with persons engaged in investment activities in the energy sector of Iran, the proposer submits the following certification:

[Please Check One]

PROPOSER’S CERTIFICATION

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.

I am unable to certify that my name and the name of the proposer does not appear on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law. I have attached a signed statement setting forth in detail why I cannot so certify.

Dated: ______________, ______ City State

______________ 20_____ Month, Date Year

_________________________________________ SIGNATURE

_________________________________________ PRINTED NAME

_________________________________________

TITLE

_________________________________________

FULL BUSINESS NAME Sworn to before me this ______ day of_______________ 20____ _________________________________ Notary Public


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ATTACHMENT 3

TECHNICAL PROPOSAL FORMS A. FORM FOR IDENTIFICATION OF SUBCONSULTANTS (include this form with the Proposal)

As set forth in Section IV (C) (2) of the RFP, the Proposer must identify by name the specific Subconsultants the proposer intends to use to perform the required services. Specifically, identify the Subconsultants for the services set forth below. If for any of the areas set forth below, the Proposer intends to perform the services with its own employees, so indicate by inserting the words “In House”. Structural Engineering Design Services: ________________________________

Firearm and Tactical Design Services: ________________________________

Civil Engineering Design Services: ________________________________

Environmental Engineering Design Services: _________________________________

Geotechnical Engineering Services: ________________________________

HVAC & Fire Protection Design Services: ________________________________

Electrical Engineering Design Services: ________________________________

Plumbing Engineering Design Services: ________________________________

Communications/Data Systems Design Services: ________________________________

Lighting Design Services: ________________________________

Landscape Architectural Design Services: ________________________________ Sustainable Design Services: ________________________________

Building Information Modeling Services: _________________________________

Specification Services: _________________________________

Cost Estimating Services: ________________________________

Traffic Engineering Design Services: ________________________________

Signage and Way finding Design Services: ________________________________

Filing/Zoning/Code Consulting Services: ________________________________

Community Relations Consulting Services: ________________________________

Security Systems Design Services: ________________________________

Acoustic Design Services: ________________________________


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ATTACHMENT 3 (Continued)

Blast, Impact and Physical Security Design Services: ________________________________

Interior Design Services: ________________________________

Curtain Wall/Building Enclosure Design Services: ________________________________ B. FORM FOR IDENTIFICATION OF KEY PERSONNEL (include this form with the Proposal) As set forth in Section IV (C) (2) of the RFP, identify by name the individuals who will perform the required services for the titles of Key Personnel set forth below. The individuals identified as Key Personnel will be included in Exhibit C of the contract. Submit the following for each individual identified below:

• Resume detailing the individual’s qualifications and experience with similar projects.

• SF-330 Form (available at http://www1.nyc.gov/site/ddc/contracts/work-with-ddc.page) Architectural Design Services:

Principal: ________________________________________

Project Manager: ________________________________________

Project Architect: ________________________________________

Senior Architectural Designer: ________________________________________

Structural Engineering Design Services:

Project Engineer: ________________________________________

Senior Structural Designer: ________________________________________

Firearm and Tactical Design Services:


Senior Designer: ________________________________________

Civil Engineering Design Services:

Senior Civil Engineer: ________________________________________

Environmental Engineering Design Services:

Senior Environmental Engineer: ________________________________________

http://www1.nyc.gov/site/ddc/contracts/work-with-ddc.page


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Geotechnical Engineering Services:

Senior Geotechnical Engineer: ________________________________________

HVAC/Fire Protection Design Services:


Senior HVAC Designer: ________________________________________

Senior Fire Protection Designer: ________________________________________

Electrical Engineering Design Services:


Senior Electrical Designer: ________________________________________

Fire Alarm Specialist: ________________________________________

Plumbing Engineering Design Services:


Senior Plumbing Designer: ________________________________________

Lighting Design Services:

Senior Lighting Designer: ________________________________________

Landscape Architectural Design Services:

Senior Landscape Architect: ________________________________________

Senior Landscape Designer: ________________________________________

Sustainable Design Services:

Senior Sustainability Consultant: ________________________________________

LEED Specialist: ________________________________________

Specification Services:

Senior Specification Writer: ________________________________________


RFP-25


Cost Estimating Services:

Senior Estimator: ________________________________________

Traffic Engineering Design Services:

Senior Traffic Engineer: ________________________________________

Filing/Zoning/Code Consulting Services:

Code Specialist: ________________________________________

Community Relation Consulting Services

Community Relation Liaison: ________________________________________

Security System Design Services

Senior Security System Designer: ________________________________________

Acoustic Design Services

Senior Acoustic Designer: ________________________________________

Blast, Impact, and Physical Security Design Services

Senior Designer: ________________________________________

Interior Design Services

Senior Interior Designer: ________________________________________

Curtain Wall/ Building Enclosure Design Services

Senior Curtain Wall/ Building Enclosure Designer: ______________________________________


RFP-26


C. MINIMUM REQUIREMENTS PER TITLE Minimum Requirements Per Title: Personnel provided by the Consultant and/or its Subconsultants must satisfy the minimum requirements for the title in question, as set forth below. The Consultant shall provide resumes or other documentation acceptable to the Commissioner to demonstrate that personnel provided hereunder comply with the minimum requirements per title. In exceptional circumstances, the Commissioner, in his/her sole and absolute discretion, may modify the minimum requirements per title. ARCHITECTURAL DESIGN SERVICES:

TITLE MINIMUM REQUIREMENTS

Number of Years of Experience

NYS Professional License or

Certification

Project Manager (Architecture) 10 RA

Project Architect 10 RA

Senior Architectural Designer 7 RA

Junior Architectural Designer 4

Senior Draftsperson/CAD. 3

Junior Draftsperson/CAD 2

STRUCTURAL ENGINEERING DESIGN SERVICES:




Certification

Project Engineer (Structural Engineering) 10 PE

Project Manager (Structural Engineering) 7 PE

Senior Structural Designer 7 PE

Junior Structural Designer 5

Senior Engineering Draftsperson/CAD 3

Junior Engineering Draftsperson/CAD 2

FIREARM (RANGES) AND TACTICAL VILLAGE DESIGN SERVICES:



Professional License or Certification

Project Engineer (Firearm and Tactical Village) 10

Project Manager (Firearm and Tactical Village) 7

Senior Designer 7

Junior Designer 5

Senior Draftsperson/CAD 3



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CIVIL ENGINEERING DESIGN SERVICES:




Certification

Senior Civil Engineer 10 PE

Junior Civil Engineer 5



ENVIRONMENTAL ENGINEERING SERVICES:




Certification

Project Manager (Environmental Engineering) 10 PE

Project Engineer 5 PE

Environmental Technician 3

Draftsperson/CAD 2

GEOTECHNICAL ENGINEERING SERVICES:




Certification

Project Manager (Geotechnical Engineering) 7 PE

Senior Geotechnical Engineer 7 PE

Junior Geotechnical Engineer 4

Draftsperson/CAD 2

HVAC AND FIRE PROTECTION DESIGN SERVICES:




Certification

Project Engineer (HVAC Engineering) 10 PE

Project Manager (HVAC Engineering) 7 PE

Senior HVAC Designer 7

Junior HVAC Designer 5

Senior Fire Protection Designer 7 PE

Junior Fire Protection Designer 5




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ELECTRICAL ENGINEERING DESIGN SERVICES:




Certification

Project Engineer (Electrical Engineering) 10 PE

Project Manager (Electrical Engineering) 7 PE

Senior Electrical Designer 7

Junior Electrical Designer 5

Fire Alarm Specialist 7



PLUMBING ENGINEERING DESIGN SERVICES:




Certification

Project Engineer (Plumbing Engineering) 10 PE

Project Manager (Plumbing Engineering) 7 PE

Senior Plumbing Designer 7

Junior Plumbing Designer 5



COMMUNICATION/ DATA SYSTEM DESIGN SERVICES:




Certification

Project Engineer (Communication Engineering) 10 PE

Project Manager (Communication Engineering) 7 PE

Senior Communication Designer 7 PE

Junior Communication Designer 5



LIGHTING DESIGN SERVICES:




Certification

Senior Lighting Designer 5 LEED AP

Draftsperson/CAD 2


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LANDSCAPE ARCHITECTURAL DESIGN SERVICES:




Certification

Senior Landscape Architect 10 RLA

Junior Landscape Architect 5

Senior Landscape Architectural Designer 7

Junior Landscape Architectural Designer 4

Draftsperson/CAD 3

SUSTAINABLE DESIGN SERVICES:




Certification

Senior Sustainability Consultant 5 LEED AP

LEED Specialist 5

BUILDING INFORMATION MODELLING (BIM) SERVICES:




Project Manager/ Senior Coordinator 5

SPECIFICATION SERVICES:




Specification Writer 5

COST ESTIMATING SERVICES:




Senior Estimator 10

Junior Estimator 3


RFP-30


TRAFFIC ENGINEERING DESIGN SERVICES:




Certification

Project Engineer (Traffic Engineering) 10 PE

Senior Civil Engineer 5


Engineering Technician 3

Draftsperson/CAD 3

FILING/ZONING/ CODE CONSULTING SERVICES:




Code Specialist 10

COMMUNITY RELATIONS CONSULTING SERVICES:




Community Relation Liaison 5

SECURITY SYSTEM DESIGN SERVICES:




Senior Security System Designer 5

Junior Security System Designer 3

ACOUSTIC DESIGN SERVICES:




Senior Acoustic Designer 7

Junior Acoustic Designer 5

INTERIOR DESIGN SERVICES:




Senior Interior Designer 5 ASID

Junior Interior Designer 3


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BLAST, IMPACT AND PHYSICAL SECURITY DESIGN SERVICES:




Senior Blast, Impact & Physical Security Designer

7

Junior Blast, Impact & Physical Security Designer 5

CURTAIN WALL/ BUILDING ENCLOSURE DESIGN SERVICES:




Senior Curtain Wall/ Building Enclosure Designer 7

Junior Curtain Wall/ Building Enclosure Designer 5


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ATTACHMENT 4:

FEE PROPOSAL

Project: PO79ROD, Design Services for the Construction of the New NYPD Rodman’s Neck Firearms and Tactics Facility. Submission: The proposer shall submit Attachment 4 as its Fee Proposal. Attachment 4 is to be submitted in a clearly marked, sealed envelope.

Part 1: Fee Curve for Design Fee (1) Design Fee: For the performance of all required Design Services for the Project, as set forth below, the City agrees to pay and the Consultant agrees to accept a total Design Fee, the amount of which shall be calculated in accordance with this Exhibit C. The Design Fee is deemed to include all costs and expenses incurred by the Consultant and/or its Subconsultants in the performance of all required Design Services for the Project, including all expenses related to management and overhead, all expenses in connection with providing the non-reimbursable items and/or services set forth in Article 6, and any anticipated profit.

(a) Services Included in Design Fee: The services included in the Design Fee shall consist of all services required for the Project, except as otherwise provided in paragraph (b) below. The services included in the Design Fee shall include without limitation the services set forth below.

• Architectural Design Services • Structural Engineering Design Services • Firearm and Tactical Design Services • Civil Engineering Design Services • Environmental Engineering Design Services • Heating, Ventilating and Air-Conditioning (HVAC) and Fire Protection Design Services • Electrical Engineering Design Services • Plumbing Engineering Design Services • Communications / Data Systems Design Services • Lighting Design Services • Landscape Architectural Design Services • Sustainable Design Services • Building Information Modeling (BIM) Services • Specification Services • Cost Estimating Services • Waste Management Design Services • Traffic Engineering Design Services • Filing/Zoning/Code Consulting Services • Community Relations Consulting Services • Security Systems Design Services • Acoustic Design Services • Blast, Impact and Physical Security Design Services


RFP-33

(b) Services Not Included in Design Fee: The services set forth below are not included in the Design Fee.

Service Form of Payment Article Reference Pre-Schematic Design Services Time Card Article 7.3 Geotechnical Engineering Services Time Card Article 7.3 Additional Professional Services Time Card, or Article 7.3 Recalculation of Fee Article 7.2.6 Reimbursable Services Reimbursement/ Article 7.4 5% mark-up Artwork Fee for Artwork Article 7.5 (2) Calculation of Design Fee: The Design Fee shall be calculated as a percent of the total estimated cost of construction for the Project in accordance with the Fee Curve set forth in this Exhibit C. For the purpose of calculating the Design Fee based on the Fee Curve, the total estimate of the cost of construction for the Project shall be the total estimate of the cost of construction of the Project approved in writing by the Commissioner at the conclusion of the Design Development Phase, as described in the Design Consultant Guide; provided, however, the total amount of such estimate shall be reduced to comply with the terms and conditions set forth below. If the total estimate of the cost of construction falls between the dollar levels designated in the Fee Curve, the Design Fee shall be interpolated on a straight line basis between the corresponding two dollar levels.

(a) Components of the Estimate: The Design Consultant Guide sets forth the components to be included in the total estimate of the cost of construction for the Project at the conclusion of the Design Development Phase; however, for the purpose of calculating the Design Fee in accordance with the Fee Curve, the total amount of such estimate shall be reduced to exclude any amount in connection with the component(s) set forth below.

• Construction Contingency of 10%.

(b) Exclusions From the Estimate: For the purpose of calculating the Design Fee in accordance with the Fee Curve, the total amount of the estimate of the cost of construction for the Project shall be reduced to exclude any costs or expenses in connection with the items set forth below.

• Bonds, insurance, mobilization or special conditions for performance of the

construction work. • New furniture and/or new equipment, unless expressly provided otherwise in the

Project Objectives • Components of the Project involving food services, unless expressly provided

otherwise in the Project Objectives • Existing equipment and/or material the Consultant is directed by the Commissioner to

use for the Project. In such case, the estimate shall include only the cost of relocating such existing equipment and/or material.

• Components of the Project for which design services are paid for on a time card basis. • Components of the Project for which design services are provided by the City. • Reimbursable Services, as set forth in Article 6. • Artwork, as set forth in Article 6.

(3) No Increase: The Design Fee shall not be subject to any increase in the event any or all of the following occur: (1) services are performed during non-regular business hours, or (2) DDC directs the Consultant to prepare and organize design documents for the Project into multiple construction contacts, or (3) the term of the contract is extended.


RFP-34

ATTACHMENT 4 (Continued) Design Fee Calculation: The Design Fee shall be calculated as a percent of the total estimated cost of construction for the Project in accordance with the Fee Curve set forth in this Exhibit C. For the purpose of calculating the Design Fee based on the Fee Curve, the total estimate of the cost of construction for the Project shall be the total estimate of the cost of construction of the Project approved in writing by the Commissioner at the conclusion of the Design Development Phase, as described in the Design Consultant Guide; provided, however, the total amount of such estimate shall be reduced as set forth below. If the total estimate of the cost of construction falls between the dollar levels designated in the Fee Curve, the Design Fee shall be interpolated on a straight line basis between the corresponding two dollar levels.

Reduction in the Estimate: For the purpose of calculating the Design Fee based on the Fee Curve, the total estimate of the cost of construction for the Project approved in writing by the Commissioner at the conclusion of the Design Development Phase shall be reduced to comply with the terms and conditions set forth in Paragraph (2) of this Exhibit C.

TOTAL ESTIMATED DESIGN FEE AS A PERCENT OF AMOUNT OF CONSTRUCTION COST ESTIMATED CONSTRUCTION COST DESIGN FEE

$ 50,000,000 or Less 9.45% $ 4,725,000

$ 60,000,000 9.30% $ 5,580,000

$ 70,000,000 9.15% $ 6,405,000

$ 80,000,000 9.00% $ 7,200,000

$ 90,000,000 8.85% $ 7,965,000

$ 100,000,000 8.70% $ 8,700,000

$ 150,000,000 8.55% $ 12,825,000

$ 200,000,000 8.40% $ 16,800,000

$ 250,000,000 8.25% $ 20,625,000

$ 300,000,000 8.10% $ 24,300,000

$ 350,000,000 7.95% $ 27,825,000

$ 400,000,000 7.80% $ 31,200,000

$ 450,000,000 7.65% $ 34,425,000

$ 500,000,000 or More 7.50% $ 37,500,000


RFP-35


PART 2: Multiplier for Overhead and Profit Multiplier for Overhead and Profit: In the event the Consultant is directed in writing to perform services on a time card basis, payment for such services shall be in accordance with Article 7 of the Contract. As indicated therein, payment for services on a time card basis is limited to those individuals who are identified in the approved Staffing Plan for such services. Payment for services on a time card basis shall be calculated based on the approved Direct Salary Rate per hour for each specified individual, subject to a Multiplier for Overhead and Profit. The costs and expenses deemed included in the Multiplier for Overhead and Profit are set forth in Article 7 of the Contract. A list of titles of personnel is set forth in Exhibit D to the Contract. Such list specifies the titles of personnel which may be required for the performance of services on a time card basis. The Consultant shall be required to provide such personnel through its own employees and/or through its Subconsultants. In the space provided below, the proposer shall indicate a Proposed Multiplier for Overhead and Profit. Such Multiplier is subject to negotiation.

Proposed Multiplier for Overhead and Profit: ______________

Back-up Material: As Back-up material, the proposer shall submit one of the following: (1) its Audited Multiplier for Overhead, or (2) Audited Financial Statements, as described below. (1) Audited Multiplier for Overhead: If the proposer has an “Audited Multiplier for Overhead” that has

been accepted by a governmental agency, it shall submit its Audited Multiplier for Overhead, as well as a letter from a governmental agency that engages in capital construction work (city, state or federal) approving or accepting such Audited Multiplier for Overhead.

(2) Audited Financial Statements: If the proposer does not have an “Audited Multiplier for Overhead” that has been accepted by a governmental agency, it shall submit Audited Financial Statements for the three (3) most recent fiscal years. Each Financial Statement (Balance Sheet and Income Statement) must have been audited by an independent auditor licensed to practice as a certified public accountant (CPA). Each Financial Statement must include the auditor’s standard report.

(3) Additional Information: DDC reserves the right to require the proposer to submit any records, documentation or accounting data in connection with its Multiplier. Such records may include, without limitation, the “CONR 385 Package”. For a description of the “CONR 385 Package”, the proposer is directed to the following website: https://www.dot.ny.gov/main/business-center/audit/conr-385-388

NOTE: The proposer shall not leave any blanks nor qualify fees in any way. Do not retype this form. Provide fee information only on this form! The proposer must sign the Fee Proposal in the space provided below.

_________________________________________ Name of Firm

By: __________________________________ _____________________________ Signature of Partner or Corporate Officer Date __________________________________ ____________________________ Print Name Title __________________________________ _________________________ Telephone # EIN # __________________________________ __________________________ Address E-Mail Address

https://www.dot.ny.gov/main/business-center/audit/conr-385-388


RFP-36

ATTACHMENT 5

ACKNOWLEDGEMENT OF ADDENDA

TITLE OF THE REQUEST FOR PROPOSALS: PO79ROD, Design Services for the Construction of a New NYPD Rodman’s Neck Firearms and Tactics Facility, Borough of the Bronx

PIN:

8502018PD0001P

Instructions: The proposer is to complete Part I or Part II of this form, whichever is applicable, and sign and date this form. This form serves as the proposer’s acknowledgement of the receipt of Addenda to this Request for Proposals (RFP) which may have been issued by the Agency prior to the Proposal Due Date and Time

___Part I Listed below are the dates of issue for each Addendum received in connection with this RFP.

Addendum # 1, dated _________________________________ Addendum # 2, dated _________________________________ Addendum # 3, dated _________________________________ Addendum # 4, dated _________________________________ Addendum # 5, dated _________________________________ Addendum # 6, dated _________________________________ Addendum # 7, dated _________________________________ Addendum # 8, dated _________________________________ Addendum # 9, dated _________________________________ Addendum #10, dated _________________________________

All addenda must be signed and included in the technical proposal

___Part II No Addendum was received in connection with this RFP.

Proposer Name ___________________________________________________________________________

Proposer’s Authorized Representative: Name: ____________________________________________________ Title: _____________________________________________________ Signature: _________________________________________________ Date: _____________________________________________________


RFP-37

ATTACHMENT 6

SCHEDULE B: M/WBE UTILIZATION PLAN M/WBE Program Requirements: The requirements for the M/WBE Program are set forth on the following pages of this RFP, in the section entitled “Notice to All Prospective Contractors”. Schedule B: M/WBE Utilization Plan: Schedule B: M/WBE Utilization Plan for this Contract is set forth in this RFP on the pages following the section entitled “Notice to All Prospective Contractors”. The Schedule B: M/WBE Utilization Plan (Part I) indicates whether Participation Goals have been established for this Contract. If Participation Goals have been established for this Contract, the proposer must submit a Schedule B: M/WBE Utilization Plan (Part II) with its proposal. Waiver: The proposer may seek a full or partial pre-award waiver of the Participation Goals in accordance with the “Notice to All Prospective Contractors” (See Part A, Section 10). The proposer’s request for a waiver must be submitted at least seven (7) calendar days prior to the proposal submission date. Waiver requests submitted after the deadline will not be considered. The form for requesting a waiver of the Participation Goals is set forth in the Schedule B: M/WBE Utilization Plan (Part III). Rejection of the Proposal: The proposer must complete Schedule B: M/WBE Utilization Plan (Part II) set forth in this RFP on the pages following the section entitled “Notice to All Prospective Contractors”. A Schedule B submitted by the proposer which does not include the Vendor Certification and Required Affirmations (See Section V of Part II) will be deemed to be non-responsive, unless a full waiver of the Participation Goals is granted (Schedule B, Part III). In the event that the City determines that the proposer has submitted a Schedule B where the Vendor Certification and Required Affirmations are completed but other aspects of the Schedule B are not complete, or contain a copy or computation error that is at odds with the Vendor Certification and Required Affirmations, the proposer will be notified by the Agency and will be given four (4) calendar days from receipt of notification to cure the specified deficiencies and return and completed Schedule B to the Agency. Failure to do so will result in a determination that the Proposal is non-responsive. Receipt of notification is defined as the date notice is emailed or faxed (if the proposer has provided an email address or fax number), or no later than five (5) calendar days from the date of mailing or upon delivery, if delivered.


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NOTICE TO ALL PROSPECTIVE CONTRACTORS

PARTICIPATION BY MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN CITY PROCUREMENT

ARTICLE I. M/WBE PROGRAM

Local Law No. 129 of 2005 added and Local Law 1 of 2013 amended Section 6-129 of the Administrative Code of the City of New York (hereinafter “Section 6-129”). Section 6-129 establishes the program for participation in City procurement (“M/WBE Program”) by minority- owned business enterprises (“MBEs”) and women-owned business enterprises (“WBEs”), certified in accordance with Section 1304 of the New York City Charter. As stated in Section 6-129, the intent of the program is to address the impact of discrimination on the City’s procurement process, and to promote the public interest in avoiding fraud and favoritism in the procurement process, increasing competition for City business, and lowering contract costs. The contract provisions contained herein are pursuant to Section 6-129, and the rules of the Department of Small Business Services (“DSBS”) promulgated thereunder.

If this Contract is subject to the M/WBE Program established by Section 6-129, the specific requirements of MBE and/or WBE participation for this Contract are set forth in Schedule B of the Contract (entitled the “M/WBE Utilization Plan”), and are detailed below.

The Contractor must comply with all applicable MBE and WBE requirements for this Contract.

All provisions of Section 6-129 are hereby incorporated in the Contract by reference and all terms used herein that are not defined herein shall have the meanings given such terms in Section 6-129. Article I, Part A, below, sets forth provisions related to the participation goals for construction, standard and professional services contracts. Article I, Part B, below, sets forth miscellaneous provisions related to the M/WBE Program.

PART A:

PARTICIPATION GOALS FOR CONSTRUCTION, STANDARD

AND PROFESSIONAL SERVICES CONTRACTS OR TASK ORDERS

1. The MBE and/or WBE Participation Goals established for this Contract or Task Orders issued pursuant to this Contract, (“Participation Goals”), as applicable, are set forth on Schedule B, Part I to this Contract (see Page 1, line 1 Total Participation Goals) or will be set forth on Schedule B, Part I to Task Orders issued pursuant to this Contract, as applicable.

The Participation Goals represent a percentage of the total dollar value of the Contract or Task Order, as applicable, that may be achieved by awarding subcontracts to firms certified with New York City Department of Small Business Services as MBEs and/or WBEs, and/or by crediting the participation of prime contractors and/or qualified joint ventures as provided in Section 3 below, unless the goals have been waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and 11 below, respectively. 2. If Participation Goals have been established for this Contract or Task Orders issued pursuant to this Contract, Contractor agrees or shall agree as a material term of the Contract that Contractor shall be subject to the Participation Goals, unless the goals are waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and 11 below, respectively. 3. If Participation Goals have been established for this Contract or Task Order issued pursuant to this Contract, a Contractor that is an MBE and/or WBE shall be permitted to count its own participation toward fulfillment of the relevant Participation Goal, provided that in accordance with Section 6-129 the value of Contractor’s participation shall be determined by subtracting from the total value of the Contract or Task Order, as applicable, any amounts that the Contractor pays to direct subcontractors (as defined in Section 6-129(c)(13)), and provided further that a Contractor that is certified as both an MBE and a WBE may count its own participation either toward the goal for MBEs or the goal for WBEs, but not both.


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A Contractor that is a qualified joint venture (as defined in Section 6-129(c)(30)) shall be permitted to count a percentage of its own participation toward fulfillment of the relevant Participation Goal. In accordance with Section 6-129, the value of Contractor’s participation shall be determined by subtracting from the total value of the Contract or Task Order, as applicable, any amounts that Contractor pays to direct subcontractors, and then multiplying the remainder by the percentage to be applied to total profit to determine the amount to which an MBE or WBE is entitled pursuant to the joint venture agreement, provided that where a participant in a joint venture is certified as both an MBE and a WBE, such amount shall be counted either toward the goal for MBEs or the goal for WBEs, but not both. 4. A. If Participation Goals have been established for this Contract, a prospective contractor shall be required to submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Utilization Plan, Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the contractor intends to award direct subcontracts, a description of the type and dollar value of work designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin and end. In the event that this M/WBE Utilization Plan indicates that the bidder or proposer, as applicable, does not intend to meet the Participation Goals, the bid or proposal, as applicable, shall be deemed non-responsive, unless Agency has granted the bidder or proposer, as applicable, a pre- award waiver of the Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.

B. (i) If this Contract is for a master services agreement or other requirements type contract that will result

in the issuance of Task Orders that will be individually registered (“Master Services Agreement”) and is subject to M/WBE Participation Goals, a prospective contractor shall be required to submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Participation Requirements for Master Services Agreements That Will Require Individually Registered Task Orders, Part II (page 2) indicating the prospective contractor’s certification and required affirmations to make all reasonable good faith efforts to meet participation goals established on each individual Task Order issued pursuant to this Contract, or if a partial waiver is obtained or such goals are modified by the Agency, to meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms. In the event that the Schedule B indicates that the bidder or proposer, as applicable, does not intend to meet the Participation Goals that may be established on Task Orders issued pursuant to this Contract, the bid or proposal, as applicable, shall be deemed nonresponsive.

(ii) Participation Goals on a Master Services Agreement will be established for individual Task Orders

issued after the Master Services Agreement is awarded. If Participation Goals have been established on a Task Order, a contractor shall be required to submit a Schedule B – M/WBE Utilization Plan For Independently Registered Task Orders That Are Issued Pursuant to Master Services Agreements, Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the contractor intends to award direct subcontracts, a description of the type and dollar value of work designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin and end. The contractor must engage in good faith efforts to meet the Participation Goals as established for the Task Order unless Agency has granted the contractor a pre-award waiver of the Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.

C. THE BIDDER/PROPOSER MUST COMPLETE THE SCHEDULE B INCLUDED HEREIN (SCHEDULE B, PART II). A SCHEDULE B SUBMITTED BY THE BIDDER/PROPOSER WHICH DOES NOT INCLUDE THE VENDOR CERTIFICATION AND REQUIRED AFFIRMATIONS (SEE SECTION V OF PART II) WILL BE DEEMED TO BE NON-RESPONSIVE, UNLESS A FULL WAIVER OF THE PARTICIPATION GOALS IS GRANTED (SCHEDULE B, PART III). IN THE EVENT THAT THE CITY DETERMINES THAT THE BIDDER/PROPOSER HAS SUBMITTED A SCHEDULE B WHERE THE VENDOR CERTIFICATION AND REQUIRED AFFIRMATIONS ARE COMPLETED BUT OTHER ASPECTS OF THE SCHEDULE B ARE NOT COMPLETE, OR CONTAIN A COPY OR COMPUTATION ERROR THAT IS AT ODDS WITH THE VENDOR CERTIFICATION AND AFFIRMATIONS, THE BIDDER/PROPOSER WILL BE NOTIFIED BY THE AGENCY AND WILL BE GIVEN FOUR (4) CALENDAR DAYS FROM RECEIPT OF NOTIFICATION TO CURE THE SPECIFIED DEFICIENCIES AND RETURN A COMPLETED SCHEDULE B TO THE AGENCY. FAILURE TO DO SO WILL RESULT IN A DETERMINATION THAT THE BID/PROPOSAL IS NON-RESPONSIVE. RECEIPT OF NOTIFICATION IS DEFINED AS THE DATE NOTICE IS E-MAILED OR FAXED (IF THE BIDDER/PROPOSER HAS PROVIDED AN E-MAIL ADDRESS OR FAX NUMBER), OR NO LATER THAN FIVE (5) CALENDAR DAYS FROM THE DATE OF MAILING OR UPON DELIVERY, IF DELIVERED.


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5. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, within 30 days of issuance by Agency of a notice to proceed, submit a list of proposed persons or entities to which it intends to award subcontracts within the subsequent 12 months. In the case of multiyear contracts, such list shall also be submitted every year thereafter. The Agency may also require the Contractor to report periodically about the contracts awarded by its direct subcontractors to indirect subcontractors (as defined in Section 6-129(c)(22)). PLEASE NOTE: If this Contract is a public works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a project labor agreement in accordance with Labor Law §222, and the bidder is required to identify at the time of bid submission its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning (HVAC); and electric wiring), the Contractor must identify all those to which it intends to award construction subcontracts for any portion of the Wicks trade work at the time of bid submission, regardless of what point in the life of the contract such subcontracts will occur. In identifying intended subcontractors in the bid submission, bidders may satisfy any Participation Goals established for this Contract by proposing one or more subcontractors that are MBEs and/or WBEs for any portion of the Wicks trade work. In the event that the Contractor’s selection of a subcontractor is disapproved, the Contractor shall have a reasonable time to propose alternate subcontractors. 6. MBE and WBE firms must be certified by DSBS in order for the Contractor to credit such firms’ participation toward the attainment of the Participation Goals. Such certification must occur prior to the firms’ commencement of work. A list of MBE and WBE firms may be obtained from the DSBS website at www.nyc.gov/buycertified, by emailing DSBS at [email protected], by calling (212) 513-6356, or by visiting or writing DSBS at 110 William St., New York, New York, 10038, 7th floor. Eligible firms that have not yet been certified may contact DSBS in order to seek certification by visiting www.nyc.gov/getcertified, emailing [email protected], or calling the DSBS certification helpline at (212) 513-6311. A firm that is certified as both an MBE and a WBE may be counted either toward the goal for MBEs or the goal for WBEs, but not both. No credit shall be given for participation by a graduate MBE or graduate WBE, as defined in Section 6-129(c)(20). 7. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, with each voucher for payment, and/or periodically as Agency may require, submit statements, certified under penalty of perjury, which shall include, but not be limited to,: the total amount the Contractor paid to its direct subcontractors, and, where applicable pursuant to Section 6-129(j), the total amount direct subcontractors paid to indirect subcontractors; the names, addresses and contact numbers of each MBE or WBE hired as a subcontractor by the Contractor, and, where applicable, hired by any of the Contractor’s direct subcontractors; and the dates and amounts paid to each MBE or WBE. The Contractor shall also submit, along with its voucher for final payment: the total amount it paid to subcontractors, and, where applicable pursuant to Section 6-129(j), the total amount its direct subcontractors paid directly to their indirect subcontractors; and a final list, certified under penalty of perjury, which shall include the name, address and contact information of each subcontractor that is an MBE or WBE, the work performed by, and the dates and amounts paid to each. 8. If payments made to, or work performed by, MBEs or WBEs are less than the amount specified in the Contractor’s M/WBE Utilization Plan, Agency shall take appropriate action, in accordance with Section 6-129 and Article II below, unless the Contractor has obtained a modification of its M/WBE Utilization Plan in accordance with Section 6-129 and Part A, Section 11 below. 9. Where an M/WBE Utilization Plan has been submitted, and the Contractor requests a change order the value of which exceeds the greater of 10 percent of the Contract or Task Order, as applicable, or $500,000, Agency shall review the scope of work for the Contract or Task Order, as applicable, and the scale and types of work involved in the change order, and determine whether the Participation Goals should be modified. 10. Pre-award waiver of the Participation Goals. (a) A bidder or proposer, or contractor with respect to a Task Order, may seek a pre-award full or partial waiver of the Participation Goals in accordance with Section 6-129, which requests that Agency change one or more Participation Goals on the grounds that the Participation Goals are unreasonable in light of the availability of certified firms to perform the services required, or by demonstrating that it has legitimate business reasons for proposing a lower level of subcontracting in its M/WBE Utilization Plan.


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(a) To apply for a full or partial waiver of the Participation Goals, a bidder, proposer, or contractor, as applicable, must complete Part III (Page 5) of Schedule B and submit such request no later than seven (7) calendar days prior to the date and time the bids, proposals, or Task Orders are due, in writing to the Agency by email at [email protected] or via facsimile at (718) 391-1886. Bidders, proposers, or contractors, as applicable, who have submitted requests will receive an Agency response by no later than two (2) calendar days prior to the due date for bids, proposals, or Task Orders; provided, however, that if that date would fall on a weekend or holiday, an Agency response will be provided by close-of-business on the business day before such weekend or holiday date

(b) If the Agency determines that the Participation Goals are unreasonable in light of the

availability of certified firms to perform the services required, it shall revise the solicitation and extend the

deadline for bids and proposals, or revise the Task Order, as applicable.

(c) Agency may grant a full or partial waiver of the Participation Goals to a bidder, proposer or

contractor, as applicable, who demonstrates—before submission of the bid, proposal or Task Order, as

applicable—that it has legitimate business reasons for proposing the level of subcontracting in its M/WBE

Utilization Plan. In making its determination, Agency shall consider factors that shall include, but not be limited

to, whether the bidder, proposer or contractor, as applicable, has the capacity and the bona fide intention to

perform the Contract without any subcontracting, or to perform the Contract without awarding the amount of

subcontracts represented by the Participation Goals. In making such determination, Agency may consider

whether the M/WBE Utilization Plan is consistent with past subcontracting practices of the bidder, proposer or

contractor, as applicable, whether the bidder, proposer or contractor, as applicable, has made efforts to form a

joint venture with a certified firm, and whether the bidder, proposer, or contractor, as applicable, has made good

faith efforts to identify other portions of the Contract that it intends to subcontract.

11. Modification of M/WBE Utilization Plan. (a) A Contractor may request a modification of its M/WBE Utilization Plan after award of this Contract. PLEASE NOTE: If this Contract is a public works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a project labor agreement in accordance with Labor Law §222, and the bidder is required to identify at the time of bid submission its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning (HVAC); and electric wiring), the Contractor may request a Modification of its M/WBE Utilization Plan as part of its bid submission. The Agency may grant a request for Modification of a Contractor’s M/WBE Utilization Plan if it determines that the Contractor has established, with appropriate documentary and other evidence, that it made reasonable, good faith efforts to meet the Participation Goals. In making such determination, Agency shall consider evidence of the following efforts, as applicable, along with any other relevant factors: (i) The Contractor advertised opportunities to participate in the Contract, where appropriate, in general

circulation media, trade and professional association publications and small business media, and publications of minority and women’s business organizations;

(ii) The Contractor provided notice of specific opportunities to participate in the Contract, in a timely manner, to minority and women’s business organizations;

(iii) The Contractor sent written notices, by certified mail or facsimile, in a timely manner, to advise MBEs or WBEs that their interest in the Contract was solicited;

(iv) The Contractor made efforts to identify portions of the work that could be substituted for portions originally designated for participation by MBEs and/or WBEs in the M/WBE Utilization Plan, and for which the Contractor claims an inability to retain MBEs or WBEs;

(v) The Contractor held meetings with MBEs and/or WBEs prior to the date their bids or proposals were due, for the purpose of explaining in detail the scope and requirements of the work for which their bids or proposals were solicited;

(vi) The Contractor made efforts to negotiate with MBEs and/or WBEs as relevant to perform specific subcontracts, or act as suppliers or service providers;

(vii) Timely written requests for assistance made by the Contractor to Agency’s M/WBE liaison officer and to DSBS;

mailto:[email protected]


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(viii) Description of how recommendations made by DSBS and Agency were acted upon and an explanation of why action upon such recommendations did not lead to the desired level of participation of MBEs and/or WBEs. Agency’s M/WBE officer shall provide written notice to the Contractor of the determination.

(a) The Agency may modify the Participation Goals when the scope of the work has been changed by

the Agency in a manner that affects the scale and types of work that the Contractor indicated in its M/WBE Utilization Plan would be awarded to subcontractors. 12. If this Contract is for an indefinite quantity of construction, standard or professional services or is a requirements type contract and the Contractor has submitted an M/WBE Utilization Plan and has committed to subcontract work to MBEs and/or WBEs in order to meet the Participation Goals, the Contractor will not be deemed in violation of the M/WBE Program requirements for this Contract with regard to any work which was intended to be subcontracted to an MBE and/or WBE to the extent that the Agency has determined that such work is not needed 13. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract, at least once annually during the term of the Contract or Task Order, as applicable, Agency shall review the Contractor’s progress toward attainment of its M/WBE Utilization Plan, including but not limited to, by reviewing the percentage of work the Contractor has actually awarded to MBE and/or WBE subcontractors and the payments the Contractor made to such subcontractors. 14. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract, Agency shall evaluate and assess the Contractor’s performance in meeting those goals, and such evaluation and assessment shall become part of the Contractor’s overall contract performance evaluation.

PART B: MISCELLANEOUS

1. The Contractor shall take notice that, if this solicitation requires the establishment of an M/WBE Utilization Plan, the resulting contract may be audited by DSBS to determine compliance with Section 6-129. See §6-129(e)(10). Furthermore, such resulting contract may also be examined by the City’s Comptroller to assess compliance with the M/WBE Utilization Plan. 2. Pursuant to DSBS rules, construction contracts that include a requirement for an M/WBE Utilization Plan shall not be subject to the law governing Locally Based Enterprises set forth in Section 6-108.1 of the Administrative Code of the City of New York. 3. DSBS is available to assist contractors and potential contractors in determining the availability of MBEs and/or WBEs to participate as subcontractors, and in identifying opportunities that are appropriate for participation by MBEs and/or WBEs in contracts. 4. Prospective contractors are encouraged to enter into qualified joint venture agreements with MBEs and/or WBEs as defined by Section 6-129(c)(30). 5. By submitting a bid or proposal the Contractor hereby acknowledges its understanding of the M/WBE Program requirements set forth herein and the pertinent provisions of Section 6-129, and any rules promulgated thereunder, and if awarded this Contract, the Contractor hereby agrees to comply with the M/WBE Program requirements of this Contract and pertinent provisions of Section 6-129, and any rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract. The Contractor hereby agrees to make all reasonable, good faith efforts to solicit and obtain the participation of MBEs and/or WBEs to meet the required Participation Goals. ARTICLE II. ENFORCEMENT 1. If Agency determines that a bidder or proposer, as applicable, has, in relation to this procurement, violated Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, Agency may disqualify such bidder or proposer, as applicable, from competing for this Contract and the Agency may revoke such bidder’s or proposer’s prequalification status, if applicable.

PROJECT: S216-404A PIN: 8502015TR0005P

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2. Whenever Agency believes that the Contractor or a subcontractor is not in compliance with Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to any M/WBE Utilization Plan, Agency shall send a written notice to the Contractor describing the alleged noncompliance and offering the Contractor an opportunity to be heard. Agency shall then conduct an investigation to determine whether such Contractor or subcontractor is in compliance. 3. In the event that the Contractor has been found to have violated Section 6-129, the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to, any M/WBE Utilization Plan, Agency may determine that one of the following actions should be taken: (a) entering into an agreement with the Contractor allowing the Contractor to cure the violation; (b) revoking the Contractor's pre-qualification to bid or make proposals for future contracts; (c) making a finding that the Contractor is in default of the Contract; (d) terminating the Contract; (e) declaring the Contractor to be in breach of Contract; (f) withholding payment or reimbursement; (g) determining not to renew the Contract; (h) assessing actual and consequential damages; (i) assessing liquidated damages or reducing fees, provided that liquidated damages may be based on

amounts representing costs of delays in carrying out the purposes of the M/WBE Program, or in meeting the purposes of the Contract, the costs of meeting utilization goals through additional procurements, the administrative costs of investigation and enforcement, or other factors set forth in the Contract;

(j) exercising rights under the Contract to procure goods, services or construction from another contractor and charge the cost of such contract to the Contractor that has been found to be in noncompliance; or

(k) taking any other appropriate remedy. 4. If an M/WBE Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the Contractor has been found to have failed to fulfill its Participation Goals contained in its M/WBE Utilization Plan or the Participation Goals as modified by Agency pursuant to Article I, Part A, Section 11, Agency may assess liquidated damages in the amount of ten percent (10%) of the difference between the dollar amount of work required to be awarded to MBE and/or WBE firms to meet the Participation Goals and the dollar amount the Contractor actually awarded and paid, and/or credited, to MBE and/or WBE firms. In view of the difficulty of accurately ascertaining the loss which the City will suffer by reason of Contractor’s failure to meet the Participation Goals, the foregoing amount is hereby fixed and agreed as the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency may deduct and retain out of any monies which may become due under this Contract the amount of any such liquidated damages; and in case the amount which may become due under this Contract shall be less than the amount of liquidated damages suffered by the City, the Contractor shall be liable to pay the difference. 5. Whenever Agency has reason to believe that an MBE and/or WBE is not qualified for certification, or is participating in a contract in a manner that does not serve a commercially useful function (as defined in Section 6-129(c)(8)), or has violated any provision of Section 6- 129, Agency shall notify the Commissioner of DSBS who shall determine whether the certification of such business enterprise should be revoked. 6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be submitted under penalty of perjury and any false or misleading statement or omission shall be grounds for the application of any applicable criminal and/or civil penalties for perjury. The making of a false or fraudulent statement by an MBE and/or WBE in any instrument submitted pursuant to Section 6-129 shall, in addition, be grounds for revocation of its certification. 7. The Contractor's record in implementing its M/WBE Utilization Plan shall be a factor in the evaluation of its performance. Whenever Agency determines that a Contractor's compliance with an M/WBE Utilization Plan has been unsatisfactory, Agency shall, after consultation with the City Chief Procurement Officer, file an advice of caution form for inclusion in VENDEX as caution data.

Tax ID #: APT E-

PIN #: 85018P0007

SCHEDULE B – M/WBE Utilization Plan Part I: M/WBE Participation Goals Part I to be completed by contracting agency

Contract Overview

APT E- Pin # 85018P0007 FMS Project ID#: PO79ROD

Project Title/ Agency PIN #

Design Services for the Construction of a NYPD Rodman’s Neck Training Facility 8502018PD0001P

Bid/Proposal Response Date October 12, 2017

Contracting Agency

Department of Design and Construction

Agency Address 30-30 Thomson Ave. City Long Island City State NY Zip Code 11101

Contact Person Shaka Hinds Title M/WBE Compliance Analyst

Telephone # 718-391-2645 Email: [email protected]

Project Description (attach additional pages if necessary)

Project ID: PO79ROD Design Services for the Construction of a New NYPD Rodman’s Neck Training Facility

M/WBE Participation Goals for Services Enter the percentage amount for each group or for an unspecified goal. Please note that there are no goals for Asian Americans in Professional Services.

Prime Contract Industry: Professional

Group Percentage

Unspecified* 15%

or

Black American UNSPECIFIED %

Hispanic American UNSPECIFIED %

Asian American NO GOAL

Women UNSPECIFIED %

Total Participation Goals 15% Line 1

Page 1 of 6 (June 2013)

Tax ID #: APT E-

PIN #: 85018P0007

SCHEDULE B - Part II: M/WBE Participation Plan

Part II to be completed by the bidder/proposer. Please note: For Non-M/WBE Prime Contractors who will NOT subcontract any services and will self-perform the entire contract, you must obtain a FULL waiver by completing the Waiver Application on pages 5 and 6 and timely submitting it to the contracting agency pursuant to the Notice to Prospective Contractors. Once a FULL WAIVER is granted, it must be included with your bid or proposal and you do not have to complete or submit this form with your bid or proposal.

Section I: Prime Contractor Contact Information

Tax ID # FMS Vendor ID #

Business Name Contact Person

Address

Telephone # Email

Section II: M/WBE Utilization Goal Calculation: Check the applicable box and complete subsection.

PRIME CONTRACTOR ADOPTING AGENCY M/WBE PARTICIPATION GOALS

For Prime Contractors (including

Qualified Joint Ventures and M/WBE firms) adopting Agency M/WBE Participation Goals. Calculate the total dollar value of your total bid that you agree will be awarded to M/WBE subcontractors for services and/or credited to an M/WBE prime contractor or Qualified Joint Venture. Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation.

Total Bid/Proposal Value

Agency Total Participation Goals

(Line 1, Page 1)

Calculated M/WBE Participation Amount

$ X = $ Line 2

PRIME CONTRACTOR OBTAINED PARTIAL WAIVER APPROVAL: ADOPTING MODIFIED M/WBE PARTICIPATION GOALS

For Prime Contractors (including

Qualified Joint Ventures and M/WBE firms) adopting Modified M/WBE Participation Goals. Calculate the total dollar value of your total bid that you agree will be awarded to M/WBE subcontractors for services and/or credited to an M/WBE prime contractor or Qualified Joint Venture. Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation.

Total Bid/Proposal Value

Adjusted Participation

Goal (From Partial Waiver)

Calculated M/WBE

Participation Amount

$ X = $ Line 3


Tax ID #: APT E-

PIN #: 85018P0007

Section III: M/WBE Utilization Plan: How Proposer/Bidder Will Fulfill M/WBE Participation Goals. Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation. Check applicable box. The Proposer or Bidder will fulfill the M/WBE Participation Goals:

As an M/WBE Prime Contractor that will self-perform and/or subcontract to other M/WBE firms a portion of the contract the value of which is at least the amount located on Lines 2 or 3 above, as applicable. The value of any work subcontracted to non-M/WBE firms will not be credited towards fulfillment of M/WBE Participation Goals. Please check all that apply to Prime Contractor:

MBE WBE

As a Qualified Joint Venture with an M/WBE partner, in which the value of the M/WBE partner’s participation and/or the value of any work subcontracted to other M/WBE firms is at least the amount located on Lines 2 or 3 above, as applicable. The value of any work subcontracted to non M/WBE firms will not be credited towards fulfillment of M/WBE Participation Goals.

As a non M/WBE Prime Contractor that will enter into subcontracts with M/WBE firms the value of which is at least the amount located on Lines 2 or 3 above, as applicable.

Section IV: General Contract Information

What is the expected percentage of the total contract dollar value that you expect to award in subcontracts for services, regardless of M/WBE status? % ____

✓ Scopes of Subcontract Work

Enter brief description of the type(s) and dollar value of subcontracts for all/any services you plan on subcontracting if awarded this contract. For each item, indicate whether the work is designated for participation by MBEs and/or WBEs and the time frame in which such work is scheduled to begin and end. Use additional sheets if necessary.

1._________________________________________________________

2._________________________________________________________

3._________________________________________________________

4._________________________________________________________

5._________________________________________________________

6._________________________________________________________

7._________________________________________________________

8._________________________________________________________

9. _________________________________________________________

10.________________________________________________________

11.________________________________________________________

12.________________________________________________________

13.________________________________________________________

14.________________________________________________________

15.________________________________________________________

16.________________________________________________________

17._________________________________________________________

Section V: Vendor Certification and Required Affirmations

I hereby: 1) acknowledge my understanding of the M/WBE participation requirements as set forth herein and the pertinent provisions of Section 6-129 of the Administrative Code of the City of New York (“Section 6-129”), and the rules promulgated thereunder;


Tax ID #: APT E-

PIN #: 85018P0007

2) affirm that the information supplied in support of this M/WBE Utilization Plan is true and correct; 3) agree, if awarded this Contract, to comply with the M/WBE participation requirements of this Contract, the pertinent provisions of Section 6-129, and the rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract; 4) agree and affirm that it is a material term of this Contract that the Vendor will award the total dollar value of the M/WBE Participation Goals to certified MBEs and/or WBEs, unless a full waiver is obtained or such goals are modified by the Agency; and 5) agree and affirm, if awarded this Contract, to make all reasonable, good faith efforts to meet the M/WBE Participation Goals, or If a partial waiver is obtained or such goals are modified by the Agency, to meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms.

Signature Date

Print Name

Title


SCHEDULE B – PART III – REQUEST FOR WAIVER OF M/WBE PARTICIPATION REQUIREMENT M/WBE

PARTICIPATION GOALS

Contract Overview

Tax ID # FMS Vendor ID #

Business Name

Contact Name Telephone # Email

Type of Procurement Competitive Sealed Bids Other Bid/Response Due Date

APT E-PIN # (for this procurement):_______________________________

Contracting Agency: ___________________________

M/WBE Participation Goals as described in bid/solicitation documents

%

Agency M/WBE Participation Goal

Proposed M/WBE Participation Goal as anticipated by vendor seeking waiver

%

of the total contract value anticipated in good faith by the bidder/proposer to be subcontracted for services and/or credited to an M/WBE Prime Contractor or Qualified Joint Venture.

Basis for Waiver Request: Check appropriate box & explain in detail below (attach additional pages if needed)

Vendor does not subcontract services, and has the capacity and good faith intention to perform all such work itself with its own employees.

Vendor subcontracts some of this type of work but at a lower % than bid/solicitation describes, and has the capacity and good faith intention to do so on this contract. (Attach subcontracting plan outlining services that the vendor will self-perform and subcontract to other vendors or consultants.)

Vendor has other legitimate business reasons for proposing the M/WBE Participation Goal above. Explain under separate cover.

References

List 3 most recent contracts performed for NYC agencies (if any). Include information for each subcontract awarded in performance of such contracts. Add more pages if necessary.

CONTRACT NO. AGENCY DATE COMPLETED

Total Contract Amount $

Total Amount Subcontracted $

Item of Work Subcontracted and

Value of subcontract
























List 3 most recent contracts performed for other entities. Include information for each subcontract awarded in performance of such contracts. Add more pages if necessary.

(Complete ONLY if vendor has performed fewer than 3 New York City contracts.)

TYPE OF Contract ENTITY DATE COMPLETED

Manager at entity that hired vendor (Name/Phone No./Email)



Type of Work Subcontracted

TYPE OF Contract AGENCY/ENTITY DATE COMPLETED

Manager at agency/entity that hired vendor (Name/Phone No./Email)









TYPE OF Contract AGENCY/ENTITY DATE COMPLETED

Manager at entity that hired vendor (Name/Phone No./Email)









VENDOR CERTIFICATION: I hereby affirm that the information supplied in support of this waiver request is true and correct, and that this request is made in good faith.

Signature: Date:

Print Name: Title:

Shaded area below is for agency completion only

AGENCY CHIEF CONTRACTING OFFICER APPROVAL

Signature: Date:

CITY CHIEF PROCUREMENT OFFICER APPROVAL

Signature: ________________________________________________ Date: _____________________________

Waiver Determination

Full Waiver Approved: Waiver Denied: Partial Waiver Approved: Revised Participation Goal:_____%

ATTACHMENT 8 Page 6 of 6 (June 2013)

ATTACHMENT 7

DOING BUSINESS DATA FORM

DOING BUSINESS ACCOUNTABILITY PROJECT QUESTIONS AND ANSWERS ABOUT THE DOING BUSINESS DATA

What is the purpose of this Data Form? To collect accurate, up-to-date identification information about entities that have business dealings with the City of New York in order to comply with Local Law 34 of 2007 (LL 34), the recently passed campaign finance reform law. LL 34 limits municipal campaign contributions from principal officers, owners and senior managers of these entities and mandates the creation of a Doing Business Database to allow the City to enforce the law. The information requested in this Data Form must be provided, regardless of whether the entity or the people associated with it make or intend to make campaign contributions. No sensitive personal information collected will be disclosed to the public.

Why have I received this Data Form? The contract, franchise, concession, grant or economic development agreement you are proposing on, applying for or have already been awarded is considered a business dealing with the City under LL 34. No proposal or application will be considered and no award will be made unless this Data Form is completed. Most transactions valued at more than $5,000 are considered business dealings and require completion of the Data Form. Exceptions include transactions awarded on an emergency basis or by publicly advertised, non-pre-qualified competitive sealed bid. Other types of transactions that are considered business dealings include real property and land use actions with the City. What individuals will be included in the Doing Business Database? The principal officers, owners and certain senior managers of entities listed in the Doing Business Database are themselves considered to be doing business with the City and will also be included in the Database. Principal Officers are the Chief Executive Officer (CEO), Chief Financial Officer (CFO) and Chief Operating Officer (COO), or their functional equivalents. See the Data Form for examples of titles that apply. Principal Owners are individuals who own or control 10% of more of the entity. This includes stockholders, partners and anyone else with an ownership or controlling interest in the entity

. Senior Managers include anyone who, either by job title or actual duties, has substantial discretion and high-level oversight regarding the solicitation, letting or administration of any contract, concession, franchise, grant or economic development agreement with the City. At least one Senior Manager must be listed or the Data Form will be considered incomplete. I have already completed a Doing Business Data Form; do I have to submit another one? Yes. An organization is required to submit a Doing Business Data Form each time it enters into a transaction considered a business dealing with the City, including contract, concession and franchise proposals. However, the Data Form has both a Change option, which requires only information that has changed since the last Data Form was filed, and a No Change option. No organization should have to fill out the entire Data Form more than once. If you have already submitted a Data Form for one transaction type (such as a contract), and this is the first time you are completing a Data Form for a different transaction type (such as a grant), please select the Change option and complete Section 4 (Senior Managers) for the new transaction type.

Page 1 of 3

Will the personal information on this Data Form be available to the public? No. The names and titles of the officers, owners and senior managers reported on the Data Form will be made available to the public, as will information about the organization itself. However, personal identifying information, such as home address, home phone and date of birth, will not be disclosed to the public, and home address and phone number information will not be used for communication purposes. I provided some of this information on the VENDEX Questionnaire; do I have to provide it again? Although the Doing Business Data Form and the VENDEX Questionnaire request some of the same information, they serve entirely different purposes. In addition, the Data Form requests information concerning senior managers, which is not part of the VENDEX Questionnaire. What organizations will be included in the Doing Business Database? Organizations that hold $100,000 or more in grants, contracts for goods or services, franchises or concessions ($500,000 for construction contracts), or that hold any economic development agreement or pension fund investment contract, are considered to be doing business with the City for the purposes of LL 34. Because all of the business that an organization does or proposes to do with the City will be added together, the Data Form must be completed for all transactions valued at more than $5,000 even if the organization doesn’t currently do enough business with the City to be listed in the Database. No one in my organization plans to contribute to a candidate; do I have to fill out this Data Form? Yes. All organizations are required to return this Data Form with complete and accurate information, regardless of the history or intention of the entity or its officers, owners or senior managers to make campaign contributions. The Doing Business Database must be complete so that the Campaign Finance Board can verify whether future contributions are in compliance with the law. My organization is proposing on a contract with another firm as a Joint Venture that does not exist yet; how should the Data Form be completed? A joint venture that does not yet exist must submit a Data Form for each of its component firms. If the joint venture receives the award, it must then complete a form in the name of the joint venture. How long will an organization and its officers, owners and senior managers remain listed on the Doing Business Database? Contract, Concession and Economic Development Agreement holders: generally for the term of the transaction, plus one year. Franchise and Grant holders: from the commencement or renewal of the transaction, plus one year. Pension investment contracts: from the time of presentation on an investment opportunity or the submission of a proposal, whichever is earlier, until the end of the contract, plus one year. Line item and discretionary appropriations: from the date of budget adoption until the end of the contract, plus one year. Contract proposers: for one year from the proposal date or date of public advertisement of the solicitation, whichever is later. Franchise and Concession proposers: for one year from the proposal submission date. For information on other transaction types, contact the Doing Business Accountability Project.

Page 2 of 3

How does a person remove him/herself from the Doing Business Database? When an organization stops doing business with the City, the people associated with it are removed from the Database automatically. However, any person who believes that s/he should not be listed may apply for removal. Reasons that a person would be removed include his/her no longer being the principal officer, owner or senior manager of the organization. Organizations may also update their database information by submitting an update form. Removal Request and Update forms are available online at www.nyc.gov/mocs (once there, click MOCS Programs) or by calling (212) 788-8104. What are the new campaign contribution limits for people doing business with the City? Contributions to City Council candidates are limited to $250 per election cycle; $320 to Borough President candidates; and $400 to candidates for citywide office. Please contact the NYC Campaign Finance Board for more information at www.nyccfb.info, or (212) 306-7100. The Data Form is to be returned to the City office that issued it. If you have any questions about the Data Form please contact the Doing Business Accountability Project at (212) 788-8104 or [email protected].

Page 3 of 3

06/21/12

http://www.nyc.gov/mocs

http://www.nyccfb.info/


ATTACHMENT 10

WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER

1. In accordance with Local Law Nos. 30-2012 and 33-2012, codified at sections 6-132 and 12-113 of the New York City Administrative Code, respectively,

(a) Contractor shall not take an adverse personnel action with respect to an officer or employee in retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Contract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, Agency head, or Commissioner.

(b) If any of Contractor’s officers or employees believes that he or she has been the subject

of an adverse personnel action in violation of subparagraph (a) of paragraph 1 of this rider, he or she shall be entitled to bring a cause of action against Contractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees.

(c) Contractor shall post a notice provided by the City in a prominent and accessible place

on any site where work pursuant to the Contract is performed that contains information about: (i) how its employees can report to the New York City Department of Investigation allegations

of fraud, false claims, criminality or corruption arising out of or in connection with the Contract; and

(ii) the rights and remedies afforded to its employees under New York City Administrative Code sections 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Contract.

(d) For the purposes of this rider, “adverse personnel action” includes dismissal, demotion,

suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space, equipment or other benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected officer or employee.

(e) This rider is applicable to all of Contractor’s subcontractors having subcontracts with a

value in excess of $100,000; accordingly, Contractor shall include this rider in all subcontracts with a value a value in excess of $100,000.

2. Paragraph 1 is not applicable to this Contract if it is valued at $100,000 or less. Subparagraphs (a), (b), (d), and (e) of paragraph 1 are not applicable to this Contract if it was solicited pursuant to a

ATTACHMENT 10

PROJECT: PO79ROD PIN:8502018PD0001P

Attachment 8

WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER

1. In accordance with Local Law Nos. 30-2012 and 33-2012, codified at sections 6-132 and 12-113 of

the New York City Administrative Code, respectively, (a) Contractor shall not take an adverse personnel action with respect to an officer or employee in

retaliation for such officer or employee making a report of information concerning conduct which such officer or employee knows or reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority by any officer or employee relating to this Contract to (i) the Commissioner of the Department of Investigation, (ii) a member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer, ACCO, Agency head, or Commissioner.

(b) If any of Contractor’s officers or employees believes that he or she has been the subject of an

adverse personnel action in violation of subparagraph (a) of paragraph 1 of this rider, he or she shall be entitled to bring a cause of action against Contractor to recover all relief necessary to make him or her whole. Such relief may include but is not limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorney’s fees.

(c) Contractor shall post a notice provided by the City in a prominent and accessible place on any site

where work pursuant to the Contract is performed that contains information about:

(i) how its employees can report to the New York City Department of Investigation allegations of fraud, false claims, criminality or corruption arising out of or in connection with the Contract; and

(ii) the rights and remedies afforded to its employees under New York City Administrative Code sections 7-805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or corruption in connection with the Contract.

(d) For the purposes of this rider, “adverse personnel action” includes dismissal, demotion,

suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space, equipment or other benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected officer or employee.

(e) This rider is applicable to all of Contractor’s subcontractors having subcontracts with a value in

excess of $100,000; accordingly, Contractor shall include this rider in all subcontracts with a value a value in excess of $100,000.

2. Paragraph 1 is not applicable to this Contract if it is valued at $100,000 or less. Subparagraphs (a),

(b), (d), and (e) of paragraph 1 are not applicable to this Contract if it was solicited pursuant to a finding of an emergency. Subparagraph (c) of paragraph 1 is neither applicable to this Contract if it was solicited prior to October 18, 2012 nor if it is a renewal of a contract executed prior to October 18, 2012.

RFP-37


ATTACHMENT 8 (continued)

NOTICE TO BIDDERS, PROPOSERS, CONTRACTORS, AND RENEWAL CONTRACTORS

This contract includes a provision concerning the protection of employees for whistleblowing activity, pursuant to New York City Local Law Nos. 30-2012 and 33-2012, effective October 18, 2012 and September 18, 2012, respectively. The provisions apply to contracts with a value in excess of $100,000. Local Law No. 33-2012, the Whistleblower Protection Expansion Act (“WPEA”), prohibits a contractor or its subcontractor from taking an adverse personnel action against an employee or officer for whistleblower activity in connection with a City contract; requires that certain City contracts include a provision to that effect; and provides that a contractor or subcontractor may be subject to penalties and injunctive relief if a court finds that it retaliated in violation of the WPEA. The WPEA is codified at Section 12-113 of the New York City Administrative Code. Local Law No. 30-2012 requires a contractor to prominently post information explaining how its employees can report allegations of fraud, false claims, criminality, or corruption in connection with a City contract to City officials and the rights and remedies afforded to employees for whistleblowing activity. Local Law No. 30-2012 is codified at Section 6-132 of the New York City Administrative Code.

RFP-38


ATTACHMENT 9:

SUBCONTRACTOR REPORTING

NOTICE TO BIDDERS As of March 2013 the City has implemented a new web based subcontractor reporting system through the City's Payee Information Portal (PIP), available at www.nyc.gov/pip. In order to use the new system, a PIP account will be required. Detailed instructions on creating a PIP account and using the new system are also available at that site. Additional assistance with PIP may be received by emailing the Financial Information Services Agency Help Desk at [email protected]. In order to obtain subcontractor approval under section 3.02 of Appendix A or Article 17 of the Standard Construction Contract and PPB Rule § 4-13 Contractor is required to list the subcontractor in the system. For each subcontractor listed, Contractor is required to provide the following information: maximum contract value, description of subcontractor work, start and end date of the subcontract and identification of the subcontractor’s industry. Thereafter, Contractor will be required to report in the system the payments made to each subcontractor within 30 days of making the payment. If any of the required information changes throughout the term of the contract, Contractor will be required to revise the information in the system. Failure of the Contractor to list a subcontractor and/or to report subcontractor payments in a timely fashion may result in the Agency declaring the Contractor in default of the Contract and will subject Contractor to liquidated damages in the amount of $100 per day for each day that the Contractor fails to identify a subcontractor along with the required information about the subcontractor and/or fails to report payments to a subcontractor, beyond the time frames set forth herein or in the notice from the City. For construction contracts, the provisions of Article 15 of the Standard Construction Contract shall govern the issue of liquidated damages. Contractor hereby agrees to these provisions.

RFP-39

http://www.nyc.gov/pip



ATTACHMENT 10

Displacement Determination Form – Pursuant to City Charter § 312(a)

(for PSRs or equivalent pre-procurement documents)

This form must be used to certify whether or not there is displacement in the instant contracting

action, as defined in City Charter § 312(a) (as amended by Local Law 63 of 2011). You can either

certify that there is no displacement by completing Part 1 of this form, or you can certify that there

is displacement by completing Part 2 of this form.

If the contract that you are awarding is a task order contract that does not simultaneously result in

the award of a first task order, then you must check the box on the bottom of this page; displacement

determinations

will be made in conjunction with the issuance of task orders pursuant to the subject contract. If the contract

that you are awarding does simultaneously result in the award of a first task order, then the

displacement determination for that first task order must be done prior to issuance of the

solicitation and you must complete either Part 1 or Part 2 of this form.

If you have any questions about Local Law 63 or about completing this form, please contact the Mayor’s Office of Contract Services at [email protected] or (212) 788-0010.

Procurement Description:

APT EPIN: 85018P0007 Agency: DDC

Your Name: Melanie Sanchez

Phone: (718) 391-3430 Email: [email protected]

Please specifically identify the service(s) being procured.

PO79ROD, Design Services for the Construction of a New NYPD Rodman’s Neck Firearms and Tactics Facility, Borough

of the Bronx.

Plan ID: FY18NDDC5617

If the contract to be awarded as a result of this procurement action is a task order contract (multiple or single award and multiple or single agency) that does not simultaneously result in the award of a first task order, then displacement determinations will be made in conjunction with the issuance of task orders pursuant to the subject contract. (Check this box only if you are completing this form for a task order contract that will not simultaneously result in the award of the first task order. If you check this box, do not fill out the remainder of this form.)

If the contract to be awarded as a result of this procurement action does simultaneously result in the award of a first task order, then the displacement determination for that first task order must be done prior to issuance of the solicitation and you must complete either Part 1 or Part 2 of this form.

RFP-40



Part 1: Certification of No Displacement X The Agency has determined that the contract resulting from this procurement action will not result in the displacement of any City employee within this Agency, as defined by Charter § 312(a).

The basis upon which the Agency has made this determination (Please answer all questions under Part 1):

Do any civil service and/or job titles within this Agency currently perform the services sought by the proposed contract and/or services of a substantially similar nature or purpose? Yes X No If so, list the names of such titles and the extent to which Agency employees within such titles currently perform such services.

Administrative Construction Project Manager, Assistant Architect, Administrative Architect, Administrative Architect NM, Administrative Engineer NM, Administrative Landscape Architect, Administrative Landscape Architect NM, Administrative Project Manager, Administrative Project Manager NM, Architect, Administrative Landmarks Preservationist, Administrative Construction Project Manager NM, Assistant Civil Engineer,Associate Urban Design, City Planner, Project Manager, Administrative Engineer, Civil Engineer, Civil Engineer Intern, Electrical Engineer, Assistant Electrical Engineer, Landscape Architect, Assistant Landscape Architect,Mechanical Engineer, Assistant Mechanical Engineer, Highways and Sewers Inspector. DDC employees in the above civil services titles currently perform similar work up to approximately 30% of the entire portfolio projects.

Do the services sought by the proposed contract expand, supplement, or replace existing services?

Yes X No In either event, include a detailed description comparing the services sought by the proposed contract with such existing services Currently the agency can provide in-house construction supervision services for up to 30% of its existing portfolio needs. The construction supervision services sought by the proposed contract will supplement the existing capacity.

Is there capacity within the Agency to perform the services sought by the proposed contract? Yes No X If not, provide a detailed description specifying the ways in which the Agency lacks such capacity. Constraints imposed by a personnel service budget coupled with fluctuations in our capital construction portfolio has prevented the agency from hiring additional professional staff to meet all resident engineering inspection needs in-house.

For the term of the proposed contract, list the projected headcount of employees within such titles or

employees who perform such services and/or services of a substantially similar nature or purpose.

There are 2 Administrative Construction Project Manager, 7 Assistant Architect, 15 Administrative Architect, 26 Administrative Architect NM, 18 Administrative Engineer NM, 3 Administrative Landscape Architect, 1 Administrative Landscape Architect NM, 34 Administrative Project Manager, 70 Administrative Project Manager NM, 15 Architect, 1 Administrative Landmarks Preservationist, 13 Administrative Construction Project Manager NM, 73 Assistant Civil Engineer, 17 Associate Urban Design, 5 City Planner, 9 Project Manager, 38 Administrative Engineer, 70 Civil Engineer, 85 Civil Engineer Intern, 1 Electrical Engineer, 4 Assistant Electrical Engineer, 7 Landscape Architect, 5 Assistant Landscape Architect, 9 Mechanical Engineer, 4 Assistant Mechanical Engineer, 3 Highways and Sewers Inspector, with a total of 535 in these categories.

RFP 41


X Check this box to confirm that none of the below events have occurred within the Agency in the past three years.

• The displacement of a City employee within the agency who performs or has performed the services sought by the proposed contract and/or services of a substantially similar nature or purpose; or

• The announcement of spending reductions in connection with a budgetary program, including but not limited to a Program to Eliminate the Gap, that could result or has resulted in the displacement of a City employee within the Agency who performs or has performed the services sought by the proposed contract and/or services of a substantially similar nature or purpose; or

• Any other statement by an Agency or by the Mayor of a specific anticipated employment action that could result or has resulted in the displacement of a City employee within the Agency who performs or has performed the services sought by the proposed contract and/or services of a substantially similar nature or purpose.

List any other bases for the Agency’s determination that the contract resulting from this procurement action will not result in the displacement of any City employee within this Agency.

The Agency does not have the staff to perform the scope of work outlined in this contract. As such, the procurement

of this contract does not result in the displacement of the Agency's employees. The agency’s employees assigned

will supervise and manage the performance of the contractors and act as a liaison between the client agencies and

other contractors.

Part 2: Certification of Displacement

The agency has determined that displacement, as defined by Charter § 312(a), has or will occur as a result of this contracting action. The agency has performed the required cost-benefit analysis, as described in Charter § 312(a).

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ATTACHMENT 11

HIRING AND EMPLOYMENT RIDER:

HIRENYC AND REPORTING REQUIREMENTS

Introduction

This Rider shall apply to all contracts for goods, services, and construction with a value of one million dollars ($1,000,000.00) or more, provided, however, that certain requirements of the Rider shall only apply as indicated below. This Rider addresses the HireNYC process, including reporting obligations under the HireNYC process, and certain other reporting requirements imposed by law. In general, the HireNYC process under this Rider requires the Contractor to enroll with the HireNYC portal for the City of New York (“the City”) found within the Department of Small Business Services’s (“SBS”) website, to disclose all entry to mid-level job opportunities described in this Rider arising from this contract and located in New York City, and to agree to interview qualified candidates from HireNYC for those opportunities.

HireNYC Requirements

A. Enrollment

The Contractor shall enroll with the HireNYC system, found at www.nyc.gov/sbs, within thirty (30) days after the registration of this Contract pursuant to Section 328 of the New York City Charter. The Contractor shall provide information about the business, designate a primary contact and say whether it intends to hire for any entry to mid-level job opportunities arisingfrom this contract and located in New York City, and, if so, the approximate start date of the first hire.

B. Job Posting Requirements

Once enrolled in HireNYC, the Contractor agrees to update the HireNYC portal with all entry to mid-level job opportunities arising from this contract and located in New York City, if any, which shall be defined as jobs requiring no more than an associate degree, as provided by the New York State Department of Labor (see Column F of https://labor.ny.gov/stats/2012-2022-

NYS-Employment-Prospects.xls). The information to be updated includes the types of entry and

mid-level positions made available from the work arising from the contract and located in New York City, the number of positions, the anticipated schedule of initiating the hiring process for these positions, and the contact information for the Contractor’s representative charged with overseeing hiring. The Contractor must update the HireNYC portal with any hiring needs arising from the contract and located in New York City, and the requirements of the jobs to be filled, no less than three weeks prior to the intended first day of employment for each new position, except with the permission of SBS, not to be unreasonably withheld, and must also update the HireNYC portal as set forth below.

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http://www.nyc.gov/sbs

https://labor.ny.gov/stats/2012-2022-NYS-Employment-Prospects.xls

https://labor.ny.gov/stats/2012-2022-NYS-Employment-Prospects.xls


After enrollment through HireNYC and submission of relevant information, SBS will work with the Contractor to develop a recruitment plan which will outline the candidate screening process, and will provide clear instructions as to when, where, and how interviews will take place. HireNYC will screen applicants based on employer requirements and refer applicants whom it believes are qualified to the Contractor for interviews. The Contractor must interview referred applicants whom it believes are qualified.

After completing an interview of a candidate referred by HireNYC, the Contractor must provide feedback via the portal within twenty (20) business days to indicate which candidates were interviewed and hired, if any. In addition, the Contractor shall provide the start date of new hires, and additional information reasonably related to such hires, within twenty (20) business days after the start date. In the event the Contractor does not have any job openings covered by this Rider in any given year, the Contractor shall be required to provide an annual update to HireNYC to that effect. For this purpose, the reporting year shall run from the date of the registration of the contract and each anniversary date.

These requirements do not limit the Contractor’s ability to assess the qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Rider shall be interpreted so as to require the Contractor to employ any particular worker.

In addition, the provisions of this Rider shall not apply to positions that the Contractor intends to fill with employees employed pursuant to the job retention provision of Section 22-505 of the Administrative Code of the City of New York. The Contractor shall not be required to report such openings with HireNYC. However, the Contractor shall enroll with the HireNYC system pursuant to Section A, above, and, if such positions subsequently become open, then the remaining provisions of this Rider will apply.

C. Breach and Liquidated Damages

If the Contractor fails to comply with the terms of the contract and this Rider (1) by not enrolling its business with HireNYC; (2) by not informing HireNYC, as required, of open positions; or (3) by failing to interview a qualified candidate, the contracting agency may assess liquidated damages in the amount of two-thousand five hundred dollars ($2,500.00) per breach. For all other events of noncompliance with the terms of this Rider, the agency may assess liquidated damages in the amount of five hundred dollars ($500) per breach.

Furthermore, in the event the Contractor breaches the requirements of this Rider during the term of the contract, the City may hold the Contractor in default of this contract.

Audit Compliance

In addition to the auditing requirements set forth in other parts of the contract, the Contractor shall permit SBS and the City to inspect any and all records concerning or relating to job openings or the hiring of individuals for work arising from the contract and located in New York City. The Contractor shall permit an inspection within seven (7) business days of the request.

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Other Reporting Requirements

The Contractor shall report to the City, on a monthly basis, all information reasonably requested by the City that is necessary for the City to comply with any reporting requirements imposed by law or rule, including any requirement that the City maintain a publicly accessible database. In addition, the Contractor agrees to comply with all reporting requirements imposed by law or rule, or as otherwise requested by the City.

Construction Requirements

Construction contractors shall comply with the HireNYC requirements set forth above for all non-trades jobs (e.g., for an administrative position arising out of the work of the contract and located in New York City) as set forth above. In addition, construction contractors shall reasonably cooperate with SBS and the City on specific outreach events, including Hire on the Spot events, for the hiring of trades workers for the work of this contract.

Further, this contract shall be subject to a project labor agreement if so required elsewhere in this contract. Federal Hiring Requirements

The Contractor shall comply with all federal hiring requirements as may be set forth elsewhere in this contract, including, as applicable:

• Section 3 of the HUD Act of 1968, which requires, to the greatest extent feasible, economic

opportunities for 30 percent of new hires be given to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

• Executive Order 11246, which prohibits discrimination in employment due to race, color,

religion, sex or national origin, and requires the implementation of goals for minority and female participation for work involving any Construction trade.

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ATTACHMENT 12

PAID SICK LEAVE LAW CONTRACT RIDER

Introduction and General Provisions

The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time. 1 Contractors of the City of New York or of other governmental entities may be required to provide sick time pursuant to the PSLL.

The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the New York City Administrative Code. It is administered by the City’s Department of Consumer Affairs (“DCA”); DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”).

Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this agreement. Contractor further acknowledges that such compliance is a material term of this agreement and that failure to comply with the PSLL in performance of this agreement may result in its termination.

Contractor must notify the Agency Chief Contracting Officer of the City agency or other entity with whom it is contracting in writing within ten (10) days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this agreement. Additionally, Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules.

The PSLL is summarized below for the convenience of Contractor. Contractor is advised to review the PSLL and Rules in their entirety. On the website www.nyc.gov/PaidSickLeave there are links to

the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which Contractor can get more information about how to comply with the PSLL. Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein.

Pursuant to the PSLL and the Rules:

Applicability, Accrual, and Use

An employee who works within the City of New York for more than eighty hours in any consecutive 12-month period designated by the employer as its “calendar year” pursuant to the PSLL (“Year”) must be provided sick time. Employers must provide a minimum of one hour of sick time for every 30 hours worked by an employee and compensation for such sick time must be provided at the greater of the employee’s regular hourly rate or the minimum wage. Employers are not required to provide more than forty hours of sick time to an employee in any Year.

1 1 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New

York City Administrative Code §20-912(g), such employer has the option of providing such employees uncompensated

sick time.

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http://www.nyc.gov/PaidSickLeave



An employee has the right to determine how much sick time he or she will use, provided that employers may set a reasonable minimum increment for the use of sick time not to exceed four hours per day. In addition, an employee may carry over up to forty hours of unused sick time to the following Year, provided that no employer is required to allow the use of more than forty hours of sick time in a Year or carry over unused paid sick time if the employee is paid for such unused sick time and the employer provides the employee with at least the legally required amount of paid sick time for such employee for the immediately subsequent Year on the first day of such Year.

An employee entitled to sick time pursuant to the PSLL may use sick time for any of the following:

• such employee’s mental illness, physical illness, injury, or health condition or the care of such illness, injury, or condition or such employee’s need for medical diagnosis or preventive medical care;

• such employee’s care of a family member (an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee’s spouse or domestic partner) who has a mental illness, physical illness, injury or health condition or who has a need for medical diagnosis or preventive medical care;

• closure of such employee’s place of business by order of a public official due to a public health emergency; or

• such employee’s need to care for a child whose school or childcare provider has been closed due to a public health emergency.

An employer must not require an employee, as a condition of taking sick time, to search for a replacement. However, an employer may require an employee to provide: reasonable notice of the need to use sick time; reasonable documentation that the use of sick time was needed for a reason above if for an absence of more than three consecutive work days; and/or written confirmation that an employee used sick time pursuant to the PSLL. However, an employer may not require documentation specifying the nature of a medical condition or otherwise require disclosure of the details of a medical condition as a condition of providing sick time and health information obtained solely due to an employee’s use of sick time pursuant to the PSLL must be treated by the employer as confidential.

If an employer chooses to impose any permissible discretionary requirement as a condition of using sick time, it must provide to all employees a written policy containing those requirements, using a delivery method that reasonably ensures that employees receive the policy. If such employer has not provided its written policy, it may not deny sick time to an employee because of non-compliance with such a policy.

Sick time to which an employee is entitled must be paid no later than the payday for the next regular payroll period beginning after the sick time was used.

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Exemptions and Exceptions

Notwithstanding the above, the PSLL does not apply to any of the following:

• an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law

• an employee covered by a valid collective bargaining agreement in effect on April 1, 2014 until the termination of such agreement;

• an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement;

• an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee;

• an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage;

• an employee in a work study program under Section 2753 of Chapter 42 of the United States Code;

• an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or

• a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.

Retaliation Prohibited

An employer may not threaten or engage in retaliation against an employee for exercising or attempting in good faith to exercise any right provided by the PSLL. In addition, an employer may not interfere with any investigation, proceeding, or hearing pursuant to the PSLL.

Notice of Rights

An employer must provide its employees with written notice of their rights pursuant to the PSLL. Such notice must be in English and the primary language spoken by an employee, provided that DCA has made available a translation into such language. Downloadable notices are available on DCA’s website at http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml.

Any person or entity that willfully violates these notice requirements is subject to a civil penalty in an amount not to exceed fifty dollars for each employee who was not given appropriate notice.

Records

An employer must retain records documenting its compliance with the PSLL for a period of at least three years, and must allow DCA to access such records in furtherance of an investigation related to an alleged violation of the PSLL.

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http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml



Enforcement and Penalties

Upon receiving a complaint alleging a violation of the PSLL, DCA has the right to investigate such complaint and attempt to resolve it through mediation. Within 30 days of written notification of a complaint by DCA, or sooner in certain circumstances, the employer must provide DCA with a written response and such other information as DCA may request. If DCA believes that a violation of the PSLL has occurred, it has the right to issue a notice of violation to the employer.

DCA has the power to grant an employee or former employee all appropriate relief as set forth in New York City Administrative Code 20-924(d). Such relief may include, among other remedies, treble damages for the wages that should have been paid, damages for unlawful retaliation, and damages and reinstatement for unlawful discharge. In addition, DCA may impose on an employer found to have violated the PSLL civil penalties not to exceed $500 for a first violation, $750 for a second violation within two years of the first violation, and $1,000 for each succeeding violation within two years of the previous violation.

More Generous Polices and Other Legal Requirements

Nothing in the PSLL is intended to discourage, prohibit, diminish, or impair the adoption or retention of a more generous sick time policy, or the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous sick time. The PSLL provides minimum requirements pertaining to sick time and does not preempt, limit or otherwise affect the applicability of any other law, regulation, rule, requirement, policy or standard that provides for greater accrual or use by employees of sick leave or time, whether paid or unpaid, or that extends other protections to employees. The PSLL may not be construed as creating or imposing any requirement in conflict with any federal or state law, rule or regulation.

RFP-49

________________________________________________________________________________________________________________________

CITY OF NEW YORK ARCHITECTURAL, ENGINEERING AND RELATED SERVICES DEPARTMENT OF DESIGN AND CONSTRUCTION PROJECT SPECIFIC CONTRACT AUGUST 2017

THE CITY OF NEW YORK

DEPARTMENT OF DESIGN AND CONSTRUCTION

DIVISION OF PUBLIC BUILDINGS

30-30 THOMSON AVENUE

LONG ISLAND CITY, NEW YORK 11101

CONTRACT FOR

ARCHITECTURAL, ENGINEERING

AND CONSTRUCTION RELATED SERVICES

PROJECT: Design Services for the Construction of a New NYPD

Firearms and Tactics Facility

FMS ID: PO79ROD

REGISTRATION

NUMBER: _________________________________

PIN NUMBER: 8502018PD0001P

E-PIN: 85018P0007

CONSULTANT: ___________________________________

___________________________________

___________________________________

Telephone: _____________

Facsimile: _____________

EIN: _____________

Standard Project Specific Contract (Fee Curve/DSR)

Architectural, Engineering and Construction Related Services

August 2017

________________________________________________________________________________________________________________________

CITY OF NEW YORK 1 ARCHITECTURAL, ENGINEERING AND RELATED SERVICES DEPARTMENT OF DESIGN AND CONSTRUCTION PROJECT SPECIFIC CONTRACT AUGUST 2017

THIS AGREEMENT, made and entered into this _________ day of __________, _____, by and between the

City of New York (the “City”) acting by and through the Commissioner of the Department of Design and Construction

(the “Commissioner”) and _______________________________ (the “Consultant”), located at

_________________________________.

WITNESSETH:

WHEREAS, the City desires to have architectural, engineering and construction related services performed for

the Project described in the Project Objectives (Exhibit F), and

WHEREAS, the Consultant has been selected based upon and in consideration of its representation that it can

perform the required services set forth herein in a timely and expeditious manner,

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties

hereto agree as follows:

ARTICLE 1 - Definitions

1.1 “Agreement” shall mean the various documents that constitute the contract between the Consultant and the City,

including: (1) Request for Proposals for the Contract (“RFP”); (2) Proposal submitted by the Consultant, and (3) Exhibits

set forth below. In the event of any conflict between the Project Objectives and any other component, the Project

Objectives shall prevail.

Exhibit A Contract Information

Exhibit B Subconsultants and Key Personnel

Exhibit C Design Fee

Exhibit D Titles of Personnel for Additional Professional Services

Exhibit E Minimum Requirements Per Title

Exhibit F Project Objectives

Exhibit G Schedule B: M/WBE Utilization Plan

Exhibit H Design Consultant Guide dated August 2015

Exhibit I Building Information Modeling (BIM) Guidelines dated July 2012

Exhibit J Paid Sick Leave Law Contract Rider

Exhibit K Hiring and Employment Rider: HireNYC and Reporting Requirements

Exhibit L Appendix A: General Provisions Governing Contracts for Consultants, Professional,

Technical, Human and Client Services

1.2 “Agency” shall mean a city, county, borough or other office, position, department, division, bureau, board or

commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part

from the City treasury.

1.3 “Agency Chief Contracting Officer” or “ACCO” shall mean the position delegated authority by the Agency

Head to organize and supervise the procurement activity of subordinate Agency staff in conjunction with the City Chief

Procurement Officer.

1.4 “City” shall mean the City of New York.

1.5 “City Chief Procurement Officer” or “CCPO” shall mean the position delegated authority by the Mayor to

coordinate and oversee the procurement activity of Mayoral agency staff, including the ACCOs.

1.6 “Commissioner” or “Agency Head” shall mean the head of the Department or his or her duly authorized

representative. The term “duly authorized representative” shall include any person or persons acting within the limits of

his or her authority.

1.7 "Commissioner's Representative" shall mean the Project Manager designated by the Commissioner or any

successor or alternate representative designated by the Commissioner.

________________________________________________________________________________________________________________________


1.8 "Comptroller" shall mean the Comptroller of the City of New York, his/her successors, or duly authorized

representatives.

1.9 “Consultant” or “Contractor” shall mean the entity entering into this Agreement with the Department.

1.10 "Contract" or "Contract Documents" shall mean the Agreement referred to in Paragraph 1.1 of this Article.

1.11 “Days” shall mean calendar days unless otherwise specifically noted to mean business days.

1.12 "Department" or "DDC" shall mean the Department of Design and Construction of the City of New York acting

by and through the Commissioner thereof, or his/her duly authorized representative.

1.13 "Drawings" shall mean all graphic or written illustrations, descriptions, explanations, directions, requirements

and standards of performance applied to the construction work.

1.14 "Government Entity" shall mean the United States, the State and City of New York, and any and every agency,

department, court, commission, or other instrumentality or political subdivision of government of any kind whatsoever,

now existing or hereafter created.

1.15 “Law” or “Laws” shall mean the New York City Charter (“Charter”), the New York City Administrative Code

(“Admin. Code”), a local rule of the City of New York, the Constitutions of the United States and the State of New York,

a statute of the United States or of the State of New York and any ordinance, rule or regulation having the force of law

and adopted pursuant thereto, as amended, and common law.

1.16 "Mayor" shall mean the Mayor of the City of New York, his/her successors or duly authorized representatives.

1.17 "Modification" shall mean any written amendment of this Agreement signed by both the Department and the

Consultant.

1.18 “Procurement Policy Board” or “PPB” shall mean the board established pursuant to Charter § 311 whose

function is to establish comprehensive and consistent procurement policies and rules which have broad application

throughout the City.

1.19 “PPB Rules” shall mean the rules of the Procurement Policy Board as set forth in Title 9 of the Rules of the

City of New York (“RCNY”), § 1-01 et seq.

1.20 “Project” shall mean the Project for which architectural, engineering and construction related services are

required, as set forth in the Project Objectives (Exhibit F).

1.21 "Safety Standards" shall mean all laws, union rules and trade or industry custom or codes of any kind

whatsoever, in effect from the date of this Agreement through Final Acceptance of the construction work, pertaining to

worker safety and accident prevention applicable to the Project and/or the construction work (including, but not limited

to, rules, regulations and standards adopted pursuant to the Occupational Safety and Health Act of 1970, as amended

from time to time).

1.22 "Shop Drawing" shall mean any and all drawings, diagrams, layouts, explanations, illustrations, manufacturer's

drawings or other written or graphic materials which illustrate any portion of the construction work.

1.23 "Site(s)" shall mean the area(s) upon or in which the construction work for the Project is carried on, and such

other areas adjacent thereto as may be designated by the Commissioner.

1.24 "Specifications" shall mean all of the directions, requirements and standards of performance applied to the

construction work.

1.25 “State” shall mean the State of New York.

1.26 "Subconsultant" or “Subcontractor” shall mean any person, firm, or corporation, other than employees of the

________________________________________________________________________________________________________________________


Consultant, who or which contracts with the Consultant or his subconsultants to furnish, or actually furnishes services,

labor, or labor and materials, or labor and equipment hereunder. All Subconsultants or Subcontractors are subject to the

prior written approval of the Commissioner.

ARTICLE 2 - General Provisions

2.1 General Provisions governing the Contract, including insurance coverage the Consultant and its Subconsultants

are required to provide, are set forth in Appendix A. Appendix A is included as an Exhibit to the Contract.

2.2 The Consultant must comply with the Paid Sick Leave Law Contract Rider, and the HireNYC Rider. The Paid

Sick Leave Law Contract Rider and the HireNYC Rider are included as Exhibits to the Contract.

ARTICLE 3 - The Project

3.1 The Consultant shall provide all architectural, engineering and construction related services required for the

Project described in the Project Objectives (Exhibit F).

3.2 The City hereby retains the Consultant to perform the services hereinafter described, on the terms and conditions

specified herein, and the Consultant agrees to so serve. The Consultant agrees to provide, to the satisfaction of the

Commissioner, all architectural, engineering and construction related services necessary and required for the Project, as

set forth in this Contract. The Consultant hereby certifies that it has the necessary experience, expertise, staff and

resources to fulfill its obligations under this Contract competently and efficiently.

ARTICLE 4 - Time Provisions

4.1 Term of Contract: The contract shall commence as of the date of registration by the Comptroller and shall

remain in effect until Final Acceptance of all required construction work for the Project and completion of all required

services hereunder. The anticipated time frame for completion of all required services, broken down by phase, is set

forth in Exhibit A.

4.2 Extension of Contract: Upon written application by the Consultant, the ACCO may grant an extension of time

for performance of the Contract. Said application must state, at a minimum, in detail, each cause for delay, the date the

cause of the alleged delay occurred, and the total number of delay in days attributable to such cause. The ruling of the

ACCO shall be final and binding as to the allowance of an extension and the number of days allowed.

ARTICLE 5 - The Consultant’s Personnel

5.1 General: The Consultant agrees, throughout the term of the Contract, to provide personnel for the performance

of all required architectural, engineering and construction related services for the Project, as set forth in Article 6. The

Consultant shall provide personnel required for the performance of such services through its own employees and/or

through its Subconsultants, as set forth in Exhibit B, except as otherwise approved by the Commissioner. The Consultant

specifically agrees that its employees, agents and Subconsultants shall possess the experience, knowledge and character

necessary to qualify them individually for the particular duties they perform.

5.2 Key Personnel: The names of individuals identified as Key Personnel by the Consultant in its Proposal for the

Contract, as well as their titles and qualifications, are set forth in Exhibit B. The Consultant specifically agrees to assign

to the Project for its entire duration the individuals identified in Exhibit B as Key Personnel, unless otherwise approved

by the Commissioner. Failure by the Consultant to provide such individual(s) identified in Exhibit B as Key Personnel

shall be grounds for termination for cause.

5.2.1 Replacement of Key Personnel: No substitution for an individual identified in Exhibit B as Key

Personnel shall be permitted unless approved in advance in writing by the Commissioner. Such approval will only be

granted in the case of extenuating circumstances. Any proposed replacement for an individual identified as Key

Personnel must possess qualifications substantially similar to those of the individual being replaced. In addition, at the

Commissioner's request at any time, the Consultant shall remove any Key Personnel or other personnel and substitute

another employee of the Consultant or Subconsultant reasonably satisfactory to the Commissioner. The Commissioner

________________________________________________________________________________________________________________________


may request such substitution at any time, in his sole discretion.

5.3 Subconsultants: The Consultant shall engage such Subconsultants as may be necessary for the performance of

all required services for the Project. The Consultant specifically agrees to engage the Subconsultants set forth in Exhibit

B. Such Subconsultants were identified by the Consultant in its Proposal for the Contract. Failure by the Consultant to

provide such Subconsultants shall be grounds for termination for cause. The Consultant shall be responsible for the

performance of services by all its Subconsultants, including maintenance of schedules, correlation of their work and

resolution of all differences between them.

5.3.1 Approval: Provisions regarding subcontracting, including the requirements for approval, are set forth

in Appendix A. Appendix A is included as an Exhibit to the Contract.

5.3.2 Replacement Subconsultants: No substitution for any Subconsultant shall be permitted unless

approved in advance in writing by the Commissioner. Such approval will only be granted in the case of extenuating

circumstances. Any proposed replacement Subconsultant must possess qualifications and experience substantially

similar to those of the Subconsultant being replaced. In addition, at the Commissioner's request at any time, the

Consultant shall remove any Subconsultant and substitute another Subconsultant reasonably satisfactory to the

Commissioner. The Commissioner may request such substitution at any time, if, in his sole opinion, he determines that

any Subconsultant may be unable to satisfactorily provide the required services in a timely fashion.

5.3.3 Payment: Expenses incurred by the Consultant in connection with furnishing Subconsultants for the

performance of required services hereunder are deemed included in the payments by the City to the Consultant, as set

forth in Article 7. The Consultant shall pay its Subconsultants the full amount due them from their proportionate share

of the requisition, as paid by the City. The Consultant shall make such payment not later than seven (7) calendar days

after receipt of payment by the City.

5.4 Services on a Time Card Basis: The Consultant may be directed to perform services for the Project on a time

card basis. Such services include, without limitation: (a) Pre-Schematic Design Services, as set forth in Article 6.2, and

(b) Additional Professional Services, as set forth in Article 6.5. Services on a time card basis shall not be performed by

the Consultant unless expressly authorized in advance in a written directive from the Commissioner. The requirements

set forth below shall apply to the performance of such services.

5.4.1 Titles of Personnel: A list of titles of personnel is set forth in Exhibit D. Such list specifies the titles

of personnel which may be required for the performance of services on a time card basis. The Consultant shall be

required to provide such personnel through its own employees and/or through its Subconsultants.

5.4.2 Minimum Requirements Per Title: Personnel provided by the Consultant and/or its Subconsultants

must satisfy the minimum requirements for the title in question, as set forth in Exhibit E. The Consultant shall provide

resumes or other documentation acceptable to the Commissioner to demonstrate that personnel provided hereunder

comply with the minimum requirements per title. In exceptional circumstances, the Commissioner, in his/her sole and

absolute discretion, may modify the minimum requirements per title.

5.4.3 Staffing Plan: A Staffing Plan must be established and approved by the Commissioner prior to

commencement of the performance of time card services by the Consultant. Such Staffing Plan shall include the items

set forth below. Such Staffing Plan shall include only those personnel necessary for the performance of the required

services.

(a) Key Personnel: Required titles and specific individual for each title, identified by the Consultant in its

Proposal for the Contract and set forth in Exhibit B

(b) Other Personnel: Required titles and specific individual for each title

(c) Direct Salary Rate per hour for each specified individual (except for any Principal), determined by the

Commissioner in accordance with Article 7.

(d) Total estimated hours and amount for each title

(e) Total estimated amount for all required titles of personnel

5.4.4 Limitations on Payment: Limitations on payment to the Consultant for the performance of services on

a time card bases are set forth in Article 7.

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5.4.5 Proposed Staffing Plan: Within five (5) business days of written direction from the Commissioner, the

Consultant shall submit a proposed Staffing Plan for services on a time card basis. Such Staffing Plan shall include the

items listed above. With respect to each individual, the Consultant shall provide: (1) the individual’s resume, as well as

any other information detailing his/her technical qualifications and expertise, (2) the title for which the individual meets

the minimum requirements, as set forth in Exhibit E, and (3) direct salary information, including the individual’s current

actual annual direct salary, as defined in Article 7, and direct salary history for the past three years.

5.4.6 Review and Approval of Staffing Plan: The Commissioner shall review the Consultant’s proposed

Staffing Plan and shall direct revisions to the same if necessary prior to final approval thereof. As part of such review,

the Commissioner shall determine the following: (1) whether the Staffing Plan includes the individuals identified by the

Consultant as Key Personnel its Proposal for the Contract, (2) whether each specific individual meets the minimum

qualification requirements for the applicable title, and (3) the direct salary rate per hour to be paid for each specific

individual, computed in accordance with Article 7. The Consultant shall revise the proposed Staffing Plan as directed,

until such plan is approved in writing by the Commissioner.

5.4.7 Revisions to Staffing Plan: The Commissioner may, at any time, direct revisions to the Staffing Plan,

including without limitation, increasing or decreasing the specified personnel, based upon the scope of required services.

The Consultant shall increase or decrease the specified personnel, as directed by the Commissioner.

5.4.8 Night Differential / Overtime: If the Consultant is directed to perform services on a time card basis,

the Consultant shall provide a statement describing its company policy with respect to payment of a premium for services

performed during other than regular business hours (i.e., premium for Night Differential and/or Overtime). The

Consultant’s statement describing its policy shall indicate the following: (1) whether the policy is consistently applied to

all clients; (2) the designated class(s) of employees to whom such policy applies, and (3) the premium or rate of increase

to be paid to employees for such services. For the purpose of payment, the Consultant’s policy regarding payment of a

premium for services performed during other than regular business hours is subject to approval by the Commissioner.

Approval shall only be given if the policy is reasonable, consistently applied to all clients and in accordance with standard

practice in the industry. Payment of a premium for services performed during other than regular business hours is subject

to the limitation set forth in Article 7.

ARTICLE 6 - Scope of Services

6.1 General: The Consultant shall provide, to the satisfaction of the Commissioner, all architectural, engineering

and construction related services necessary and required for the Project. The services the Consultant may be required to

provide shall include without limitation the services set forth in this Article 6. The services set forth herein are further

described in the Project Objectives (Exhibit F) and the Design Consultant Guide (Exhibit H). The Consultant shall

provide the required services through its own employees and/or through its Subconsultants.

6.2 Pre-Schematic Design Services: The Consultant shall provide Pre-Schematic Design Services, if set forth in

the Project Objectives or if directed in writing by the Commissioner. If set forth in the Project Objectives, Pre-Schematic

Design Services shall be expressly designated as such. Any services not so expressly designated, including services for

the investigation of site conditions and/or the development of the scope of work, shall be considered Design Services.

6.3 Design Services: The Consultant shall provide Design Services as set forth below.

6.3.1 Scope of Design Services: The Consultant shall provide all design services set forth in the Project

Objectives. Such services shall be in accordance with the requirements set forth in the Design Consultant Guide. Design

services shall include all necessary and usual components and/or services in connection with the design. The Consultant

shall provide services during the phases described below.

(a) Design Phase: The Consultant shall provide services for the preparation of design documents, as set

forth in the Design Consultant Guide.

(b) Construction Phase: The Consultant shall provide basic services during construction, as set forth in

the Design Consultant Guide.

6.3.2 Design Criteria: All required Design Services shall be in accordance with the following: (1) Project

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Objectives, including all criteria set forth therein, (2) Design Consultant Guide, (3) DDC High Performance Building

Guidelines, (4) Client Agency Design Standards, and (5) all applicable local, state and federal laws, rules and regulations,

including without limitation, the New York City Building Code, the Green Building Law, the Americans With

Disabilities Act, and Local Laws requiring the specification of Environmentally Preferable Products. In the event of any

conflict between the Project Objectives and the Design Consultant Guide, the Project Objectives shall prevail.

6.3.3 Number of Construction Contracts: DDC will advise the Consultant whether the project will be bid as

a single construction contract or as multiple construction contracts. The Consultant shall prepare and organize design

documents for the Project as directed by DDC.

6.3.4 Submission of Design Documents: The Consultant shall submit design documents in accordance with

the time frame set forth in Exhibit A.

6.3.5 Required Approvals: All required design documents, including cost estimates, are subject to review

and written approval by the Commissioner. Final design documents are subject to approval by all regulatory agencies

whose approval of the design is required, including without limitation the Department of Buildings, and, if required, the

Public Design Commission and the Landmarks Preservation Commission. The Consultant is responsible for filing

complete applications and for obtaining all approvals for the project in accordance with the requirements of regulatory

agencies.

6.3.6 Self-Certification: Self-Certification may be required by the Commissioner for approval by the

Department of Buildings.

6.3.7 Architect of Record: All drawings shall bear all required stamps of approval, including the seal and

authorized facsimile of the signature of the Architect of Record, and shall be accompanied by all necessary applications,

certificates, or permits of all local, state and federal agencies having jurisdiction over the Work.

6.3.8 Tropical Hardwoods: In accordance with Section 165 of the New York State Finance Law, design

documents prepared by the Consultant shall not specify the use of tropical hardwoods, as defined in Section 165 of the

State Finance Law, except as such use is permitted by the foregoing provision of law.

6.3.9 Certificates of Occupancy: The Consultant shall assist the Commissioner in obtaining temporary and

permanent certificates of occupancy for the Project.

6.3.10 Patented and Proprietary Items: The Consultant shall not, without the prior written approval of the

Commissioner, specify for the Project, or necessarily imply the required use of any article, product, material, fixture or

form of construction, the use of which is covered by a patent, or which is otherwise exclusively controlled by a particular

firm or group of firms.

6.3.11 Design services shall be deemed to include all services in connection with Reimbursable Services,

except as otherwise expressly provided in Article 6.5.1. Such services shall include, without limitation, the following:

(a) Investigating and/or determining the need for Reimbursable Services;

(b) Administering, managing, supervising and coordinating Reimbursable Services, and

(c) Evaluating and incorporating data and/or material procured as Reimbursable Services into the design

for the Project.

6.4 Artwork: The Consultant shall, if directed by the Commissioner, provide for the inclusion of artwork in the

Project in accordance with Chapter 9, Section 224, of the New York City Charter and the rules and regulations

promulgated thereunder. All costs for such artwork shall be paid from the Allowance for Artwork, as set forth in Exhibit

A. For services in connection with the artwork, the Consultant shall be entitled to a fee, as set forth in Article 7. To

comply with Section 224 of the Charter, the Consultant shall be responsible for the items set forth below, as directed by

the Commissioner.

6.4.1 Consult with and cooperate with a panel established by the Commissioner of the Department of

Cultural Affairs. The Consultant shall also prepare all data, documentation, drawings and plans to be presented to and

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considered by such panel.

6.4.2 Engage an artist and administer and/or manage the services of such artist. For engagement of the artist,

the Consultant shall use the standard form of contract approved by the Commissioner. The services of the artist shall be

in accordance with the terms and conditions of such contract, including without limitation, requirements for fabrication,

models, shipping, insurance, storage, scaffolding, structural work and anchorage.

6.5 Additional Professional Services: The Consultant may be directed by the Commissioner to provide Additional

Professional Services for the Project. The Consultant shall provide such Additional Professional Services through its

own employees and/or through its Subconsultants, as directed in writing by the Commissioner. Payment for Additional

Professional Services shall be on a time card basis in accordance with Article 7.

6.5.1 Additional Professional Services shall be professional services which the Commissioner determines

are required for the Project and are in addition to or beyond the necessary and usual services in connection with Design

Services. Additional Professional Services shall include, without limitation, the services set forth below.

(a) Additional services during construction as set forth in the Design Consultant Guide

(b) Changes to the design documents, as set forth in Articles 6.9.1(b) and 6.9.2 below

(c) Revisions to the drawings to reflect as-built conditions

(d) Professional services to procure, manage and supervise Reimbursable Services that are required in

connection with Additional Professional Services.

(e) Any other professional services, determined by the Commissioner to be necessary for the Project.

6.5.2 Additional Professional Services shall not include services set forth in Articles 6.9.1(a) and 6.9.3.

6.5.3 If the Consultant believes that any service it has been directed to perform constitutes an Additional

Professional Service, the Consultant shall notify the Commissioner in writing within five (5) business days of such

direction. The Commissioner's determination as to whether or not such service constitutes Additional Professional

Service shall be final, conclusive and binding upon the Consultant.

6.6 Reimbursable Services: The Consultant may be directed by the Commissioner to provide Reimbursable

Services for the Project. If so directed, the Consultant shall provide such Reimbursable Services through entities

approved by the Commissioner. Payment for Reimbursable Services shall be in accordance with the terms and conditions

set forth in Article 7.

6.6.1 No Reimbursable Services shall be provided by the Consultant, or reimbursed hereunder, unless

expressly authorized in a written directive from the Commissioner. For Reimbursable Services in excess of $150, such

written authorization must be provided in advance of the expenditure.

6.6.2 The Consultant shall utilize the method of procurement directed by the Commissioner. If so directed,

the Consultant shall conduct a competitive bid and/or proposal process for the specified Reimbursable Service. In

general, such competitive process will be required if the cost of the specified Reimbursable Service exceeds $5,000.

6.6.3 The Consultant shall utilize the form of payment directed by the Commissioner. Payment for

Reimbursable Services shall be in accordance with one of the following methods: (a) lump sum; (b) unit price, or (c)

actual cost; except for long distance travel, as set forth in Article 7.

6.6.4 Reimbursable Services shall be such services determined by the Commissioner to be necessary for the

Project, and may include, without limitation, the services set forth below.

(a) Conducting exploratory probes and/or tests to investigate concealed construction

(b) Printing design documents beyond requirements set forth in this Article 6

(c) Laboratory services for special inspections

(d) Long Distance Travel. In the event the Consultant is directed in advance in writing by the

Commissioner to provide services which require long distance travel, the Consultant shall be

reimbursed for expenses incurred in connection with such long distance travel. Long distance travel

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shall mean travel which is in excess of 75 miles from whichever of the following is closer to the

destination: (1) Columbus Circle, or (2) the Consultant’s home office. Consultants and/or

Subconsultants that are not located in New York City or its vicinity shall not be entitled to

reimbursement for transportation expenses.

(e) Filing fees and related application fees for New York City agencies

(f) Any other services, determined by the Commissioner to be necessary for the Project

6.6.5 In the event the Consultant is directed, as a Reimbursable Service, to purchase any items and/or

equipment, such items and/or equipment shall, unless otherwise directed by the Commissioner, be the sole property of

the City upon delivery to the designated location. The Consultant shall prepare and maintain an accurate inventory of

all items and/or equipment which it is directed to purchase pursuant to the Allowance for Reimbursable Services. Such

inventory shall be provided to the City upon request. Upon completion of the required work, as directed by the

Commissioner, the Consultant shall turn such items and/or equipment over to the City.

6.7 Non-reimbursable Services: Throughout the entire duration of the Contract, the Consultant shall be responsible

for providing the non-reimbursable services set forth below. All costs for such services are deemed included in payments

to the Consultant as set forth in Article 7 hereof.

6.7.1 Overnight Delivery: The Consultant shall, when requested by the Commissioner, provide overnight

delivery of the following Project documents: (1) design documents; (2) all required submittals, including without

limitation shop drawings, material samples and catalogue cuts; (3) change orders; (4) documents with respect to payment,

and (5) any other critical communications and/or documents.

6.7.2 Transportation: The Consultant shall be responsible for transportation expenses for all personnel

performing services, including without limitation: (1) expenses for ordinary transportation (i.e., other than long distance

travel, as set forth in Article 6.6), (2) expenses for time spent by personnel commuting or traveling, and (3) expenses for

parking and tolls.

6.7.3 Printing: The Consultant shall provide six (6) copies of all required design documents and/or reports.

If DDC directs the Consultant to provide additional copies, the printing services required for such additional copies shall

be a reimbursable service.

6.7.4 Equipment: The Consultant shall provide the items set forth below for all personnel performing

services.

(a) All computer hardware and software necessary for the Consultant to perform the required services,

including CADD

(b) All computer hardware and software necessary for the Consultant to perform the required BIM services

(c) All necessary office supplies and/or tools

(d) Communications equipment and service, including without limitation cellular telephones. The

telephone numbers of all personnel shall be submitted to the Commissioner.

6.7.5 Expediting Services: The Consultant shall provide all expediting services necessary and required to

secure all required regulatory approvals of the design.

6.8 Assistance to Commissioner: Should any claim be made or any action brought against the Commissioner or the

City of New York relating to the design of the Project, the Consultant shall diligently render to the City without additional

compensation any and all assistance which may be requested by the Commissioner.

6.9 Provisions Regarding Changes to the Design Documents

6.9.1 Changes Not Involving Scope:

(a) The Consultant shall revise and correct, without additional compensation therefore, any and all design

documents until the same shall be accepted by the Commissioner and by all other agencies whose

approval is required by law.

(b) Should any substantial change, other than a change in Project scope, make it necessary for the

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Consultant to change design documents after approval of the design documents, the Commissioner

shall direct such change in writing. Such change shall constitute an Additional Professional Service.

6.9.2 Decrease in Scope: The Commissioner shall have the right to reduce the scope of the services of the

Consultant hereunder, at any time and for any reason, upon written notice to the Consultant, specifying the nature and

extent of such reduction. In such event, the Consultant shall be paid, in accordance with the payment terms set forth in

Article 7, for services already performed prior to receipt of written notification of such reduction in scope, as determined

by the Commissioner. Any services performed by the Consultant to revise the design documents as a result of the

reduction in the scope of the Project shall constitute Additional Professional Services.

6.9.3 Changes through Fault of Consultant: In the event that any change is required to the design documents

because of defects of design or unworkability of details, or because of any other fault or errors of the Consultant, no

additional compensation shall be paid to the Consultant for making such changes.

6.10 Ownership of Documents: As set forth in the General Provisions (Appendix A), any reports, documents,

drawings, models (including, without limitation, BIMs), records, data, photographs, deliverables, and/or other materials

produced pursuant to this Agreement, and any and all drafts and/or other preliminary materials related to such items

produced pursuant to this Agreement, in any format, whether in hard copy or digital form (i.e., in the form of BIMs),

shall upon their creation become the exclusive property of the City.

During the term of this Contract and at any time within the retention period set forth in the General Provisions, the

Consultant shall, upon demand, promptly deliver such material, records or documents to the Commissioner, or make

such records available to the Commissioner or his/her authorized representative for review and reproduction at such place

as may be designated by the Commissioner. Thereafter, the City may utilize such material, records or documents in

whole or in part or in modified form and in such manner or for such purposes or as many times as it may deem advisable

without employment of or additional compensation to the Consultant. Should such documents prepared under this

Contract be re-used by the City for other than the Project originally created, it is understood that the Consultant bears no

responsibility whatsoever for such re-use except in those instances where he is re-employed for re-use of the documents.

ARTICLE 7 - Payment Terms and Conditions

7.1 Total Payments

7.1.1 Maximum Amount: The Maximum Amount of the Contract is set forth in Exhibit A. Total payments

for all services performed and all expenses incurred pursuant to this Agreement shall not exceed the Maximum Amount.

The Maximum Amount does not represent a commitment or guarantee on the part of the City to pay such amount, unless

it has been determined to be due and payable to the Consultant in accordance with the terms and conditions set forth

herein. The Maximum Amount is comprised of the following: (1) Estimated Design Fee, (2) Allowance for Services on

a Time Card Basis, and (3) Allowance for Reimbursable Services, as described below.

7.1.2 Method of Payment: The method of payment for the performance services by the Consultant shall be

as set forth below. The types of services listed below are described in Article 6.

Type of Service Form of Payment Article Reference

Pre-Schematic Design Services Time Card Article 7.3

Design Services Design Fee Article 7.2

Additional Professional Services Time Card, or Article 7.3

Recalculation of Fee Article 7.2.6

Reimbursable Services Reimbursement / 5% mark-up Article 7.4

Artwork Percent mark-up Article 7.5

7.1.3 Allowances: In the event the amount of the allowances set forth in Exhibit A are not sufficient, as

determined by the Commissioner, to cover the cost of services which the Consultant is directed to provide, the

Commissioner will increase the amount of such allowances. Notwithstanding the specific amounts allocated for

allowances, as set forth in Exhibit A, the Commissioner may, by issuance of a No Cost Change Order to the Consultant,

reallocate such specific amounts within the allowances set forth in Exhibit A.

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7.1.4 Executory Only: This Agreement shall be deemed executory only to the extent of the moneys

appropriated and available for the purpose of the Agreement and no liability or account thereof shall be incurred beyond

the amount of such moneys. It is therefore understood that neither this Agreement nor any representation by any public

employee or officer creates any legal or moral obligation to request, appropriate or make available moneys for the purpose

of this Agreement.

7.1.5 Requisitions: Payment requisitions shall be accompanied by the documentation listed in Article 7.6.

7.2 Payment for Design Services

7.2.1 Design Fee: For the performance of all required Design Services for the Project, the City agrees to

pay and the Consultant agrees to accept a total Design Fee.

(a) Services Included: The Design Fee is deemed to include all costs and expenses incurred by the

Consultant and/or its Subconsultants in the performance of all required Design Services for the Project,

including all expenses related to management and overhead, all expenses in connection with providing

the non-reimbursable items and/or services set forth in Article 6, and any anticipated profit. The

Design Services included in the Design Fee are set forth in Exhibit C.

(b) Calculation of the Design Fee: The amount of the Design Fee shall be calculated in accordance with

the terms and conditions set forth in Exhibit C.

(c) No Increase: The Design Fee shall not be subject to any increase in the event any or all of the following

occur: (1) services are performed during non-regular business hours, or (2) DDC directs the Consultant

to prepare and organize design documents for the Project into multiple construction contacts, or (3) the

term of the contract is extended.

7.2.2 Payment of Design Fee: The Design Fee shall be paid to the Consultant as set forth below.

(a) Design Phase: For the performance of all required services in connection with the preparation of design

documents for the Project, the Consultant shall be paid seventy (70%) of the Design Fee. Partial

payment of this amount shall be in accordance with the percentage breakdown set forth below, upon

written acceptance by the Commissioner of the specified design documents.

Schematic Design Documents 15% of the Design Fee

Design Development Documents 20% of the Design Fee

Construction Documents 25% of the Design Fee

Final Acceptance of Construction Documents 10% of the Design Fee

(b) Partial Payments: Partial payments of the fee per deliverable, as set forth above, may be made to the

Consultant on a monthly basis, based upon the Commissioner’s determination that the Consultant is

progressing the required work for the deliverable in a satisfactory fashion and in accordance with the

schedule set forth in the Project Objectives (Exhibit F); provided, however, partial payments for the

deliverable may not exceed 50% of the fee for the same, unless the Consultant submits a draft of the

deliverable demonstrating satisfactory progress of the work. Total payment of the fee per deliverable

shall not be made until written acceptance by the Commissioner of the deliverable.

(c) Bid Phase: For the performance of all required services in connection with the bid process, including

but not limited to issuing all necessary addenda, amendments, and drawings, attending pre-bid

meetings and assisting in the analysis and evaluation of bids, the Consultant shall be paid five (5%)

percent of the Design Fee.

(d) Construction Phase: For the performance of all required services during construction for the Project,

the Consultant shall be paid twenty-five (25%) percent of the Design Fee. Partial payment of this

amount shall be in accordance with the percentage of completion of all required services during

construction, as determined by the Commissioner.

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7.2.3 Estimated Design Fee: The Estimated Design Fee is set forth in Exhibit A. Partial payments of the

Design Fee shall be based upon the Estimated Design Fee until calculation of the Design Fee as set forth in Exhibit C.

7.2.4 Adjustment: In the event the total of all partial payments of Estimated Design Fee is more than the

total Design Fee determined hereunder, the Commissioner shall deduct and retain such excess out of any amount due

and owing to the Consultant. In the event the amount due and owing to the Consultant is less than the amount of such

excess payment of the Design Fee, the Consultant shall be liable to pay the difference upon demand by the Commissioner.

In the event the total of all partial payments of Estimated Design Fee is less than the total Design Fee determined

hereunder, the City shall pay such difference to the Consultant.

7.2.5 Additional Professional Services: In the event the Commissioner directs the Consultant to perform

Additional Professional Services, payment for such services shall be on a time card basis, as set forth in Article 7.3,

except as otherwise provided below.

7.2.6 Increase in Project Scope: In lieu of the method of payment for Additional Professional Services set

forth above, in the event of an increase in the scope of the Project, the Commissioner may, at his/her option, direct the

Consultant to perform the required Design Services for the Project, including the increased scope thereof, based upon

the Fee Curve, and recalculate the Design Fee payable to the Consultant based upon the revised estimate of the cost of

construction of the Project.

7.3 Payment for Services on a Time Card Basis

7.3.1 General: An Allowance for Services on a Time Card Basis is set forth in Exhibit A. Such allowance

is established for payment for those individuals who have been assigned to provide services on a time card basis and are

identified in the Staffing Plan approved by the Commissioner. The Consultant shall not be entitled to payment for the

services of: (1) any individual not included in the approved Staffing Plan, or (2) any principal(s), unless such principal

meets the criteria set forth below. Services on a time card basis shall not be performed by the Consultant, or paid from

this allowance, unless expressly authorized in advance in a written directive from the Commissioner. If the Consultant

is directed to perform services on a time card basis through its Subconsultant(s), all conditions and requirements for

documentation set forth in this Article 7.3 shall apply to such Subconsultant(s).

7.3.2 Maximum Price: In the event the Consultant is directed to perform services on a time card basis, the

Not to Exceed Amount set forth in the Staffing Plan shall constitute the maximum price to be paid to the Consultant for

providing the services specified therein. The Consultant shall not be entitled to payment in excess of such amount, unless

the Commissioner, in his/her sole and absolute discretion, determines that exceptional circumstances exist which were

not foreseeable by the parties and which were not attributable to any fault on the part of the Consultant.

7.3.3 Staffing Plan: A Staffing Plan must be established and approved by the Commissioner prior to

commencement of the Consultant’s services on a time card basis. Such Staffing Plan must specify the specific individuals

for the performance of services and the Direct Salary Rate per hour for each specified individual (except for any

Principal), determined by the Commissioner in accordance with Article 7. The specific individuals set forth in the

Staffing Plan shall be considered Assigned Employees for the purpose of payment hereunder.

7.3.4 No Payment for Principals: The Consultant shall not be entitled to payment for a principal’s time

performing oversight or management duties. This prohibition on payment for a principal’s time shall not apply if the

following criteria are met: (1) such principal is qualified to perform services in accordance with one of the titles set forth

in Exhibit E, and (2) such principal is included in the approved Staffing Plan for such title.

7.3.5 Amount of Payment: For any week during which an Assigned Employee performs services on a time

card basis, payment to the Consultant for such employee’s services for that week shall be calculated as follows: Multiply

the amount set forth in subparagraph (a) by the number set forth in subparagraph (b), and then multiply the result by the

Multiplier for Overhead and Profit set forth in Exhibit A; provided, however, such Multiplier shall NOT apply to any

increase in the Assigned Employee’s Direct Salary Rate per hour for authorized services performed during other than

regular business hours.

(a) Assigned Employee’s Direct Salary Rate per hour, determined and approved in writing by the

Commissioner in accordance with the provisions set forth below. In the event the Consultant receives

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written authorization from the Commissioner to have the Assigned Employee perform services during

other than regular business hours, the employee’s Direct Salary Rate per hour may be subject to an

increase, as provided below.

(b) Total number of hours set forth on time sheets completed by the Assigned Employee for the week in

question during which the Assigned Employee actually performed services for this Project on a time

card basis. This total number of hours shall NOT include the following: (1) any hours the Assigned

Employee spent commuting and/or traveling; (2) any non-billable hours, as defined below; (3) any

hours during which the Assigned Employee performed services for this Project covered under Fee(s);

(4) any hours during which the Assigned Employee performed services for any other project; (5) any

hours the Assigned Employee spent performing services for this Project for which the Consultant is

not entitled to compensation, and (6) any non-regular business hours, unless otherwise authorized in

advance, in writing by the Commissioner.

(c) Non-billable hours shall be defined as any hours set forth on time sheets completed by the Assigned

Employee which have been allocated to any category or function other than services performed

hereunder. Non-billable hours shall include without limitation: (1) compensated absence time,

including without limitation vacation time, sick time, personal time and holidays; (2) performance of

administrative tasks, and (3) any other time keeping category consistent with standard accounting

practices.

(d) The costs deemed included in the Multiplier are set forth in Article 7.3.7 below.

7.3.6 Equitable Reduction: The amount of payment to the Consultant for services performed on a time card

basis by an Assigned Employee, calculated as set forth above, shall be subject to an equitable reduction if, for the week

during which an Assigned Employee performed services on a time card basis, the total number of hours for which the

Assigned Employee was actually paid by the Consultant for that week, less any non-billable hours, is less than the total

number of hours actually billed by the Consultant to all entities for the Assigned Employee’s services for that week,

including the number of hours billed for this Project. In such event, the amount of payment to the Consultant for services

performed by an Assigned Employee for the week in question, calculated as set forth above, shall be reduced by

multiplying such amount by the following: the fractional number resulting from the division of the number set forth in

item (a) below by the number set forth in item (b).

(a) Total number of hours for which the Assigned Employee was actually paid by the Consultant for the

week in question, less any non-billable hours, as defined above.

(b) Total number of hours actually billed by the Consultant to all entities for the Assigned Employee’s

services for the week in question, including the number of hours billed for this Project

7.3.7 Multiplier: The Multiplier for Overhead and Profit set forth in Exhibit A shall be deemed to include

profit, as well as any and all expenses for overhead incurred by the Consultant and/or its Subconsultant(s) in connection

with providing services on a time card basis for the Project. The Multiplier shall include, without limitation, the items

set forth below.

(a) All expenses for compensation for personnel identified in the approved Staffing Plan that are in excess

of the Direct Salary Rates for such personnel payable hereunder. Compensation for such personnel

shall include, without limitation: (1) wages and/or salaries that are in excess of the Direct Salary Rates

payable hereunder; (2) all payments mandated by law, including without limitation, Social Security

and Medicare taxes, insurance (Worker’s Compensation, Employers Liability, Unemployment); (3)

employer contributions, if any, to retirement plans, including without limitation pension and/or

deferred compensation plans; (4) all payments for compensated absence time, including without

limitation vacation time, sick time, personal time and holidays, and (5) costs for any and all other fringe

and/or supplemental benefits.

(b) All expenses related to administration, management and oversight, including, without limitation, any

time spent by principals performing such duties

(c) All expenses related to overhead of any kind whatsoever

(d) Any anticipated profit

7.3.8 Direct Salary Rate Per Hour: The Direct Salary Rate per hour for each Assigned Employee shall be

determined and approved in writing by the Commissioner, as set forth below. Upon approval by the Commissioner, the

Direct Salary Rate per hour for each Assigned Employee shall be included in the Staffing Plan.

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(a) Actual Annual Direct Salary Rate per Hour: For each Assigned Employee, the Consultant shall submit

the items set forth below. The Consultant shall also submit any records or documentation requested

by the Commissioner to verify the Assigned Employee’s actual annual direct salary, including without

limitation, the Consultant’s payroll register for the past twelve (12) months.

(1) Actual Annual Direct Salary: An Assigned Employee’s actual annual direct salary shall be the

salary amount directly payable to such employee on an annual basis and shall not include any

amount for the following costs or payments: (1) any payments for services performed during

other than regular business hours (i.e., premium for Night Differential and/or Overtime); (2) any

employer payments mandated by law, including without limitation, Social Security and

Medicare taxes, insurance (Worker’s Compensation, Employers Liability, Unemployment); (3)

any employer contributions to retirement plans, including without limitation pension and/or

deferred compensation plans, and (4) any costs for any other fringe and/or supplemental

benefits.

(2) Computation: An Assigned Employee’s actual annual direct salary rate per hour shall be

computed as follows: the Assigned Employee’s actual annual direct salary, as defined above,

divided by 2080.

(b) Determination of Direct Salary Rate: For each Assigned Employee, the Commissioner shall determine

and approve in writing the Direct Salary Rate per hour to be paid for such employee.

(1) Once determined and approved by the Commissioner as set forth above, the Assigned

Employee’s Direct Salary Rate per hour shall not be eligible for any increase whatsoever,

except for the increase described in Article 7.3.9 below. Any such increase must be approved

in writing by the Commissioner.

(2) The Direct Salary Rate per hour for an Assigned Employee, determined and approved by the

Commissioner, may be adjusted in accordance with Article 7.3.10 below, in the event the

Consultant receives written authorization from the Commissioner in the particular instance to

have the Assigned Employee perform services during other than regular business hours.

7.3.9 Increases in Direct Salary Rates: An Assigned Employee’s Direct Salary Rate per hour, determined

and approved by the Commissioner, shall be subject to increases on a yearly basis. The first such increase shall be made

one (1) year after the date on which the Consultant was directed to perform services on a time card basis. Thereafter, for

the remaining duration of the Consultant’s performance of services on a time card basis, increases in the Direct Salary

Rate(s) shall be made on a yearly basis, on the anniversary of the date on which the Consultant was directed to perform

such services. Any increase in the Direct Salary Rate(s) shall be subject to the limitations set forth below.

(a) Any increase in the Direct Salary Rate(s) shall be based on an increase in the Employment Cost Index

for Professional, Scientific, and Technical Services, published by the U.S. Dept. of Labor, Bureau of

Labor Statistics (the “Index”), as determined by the Engineering Audit Office (“EAO”).

(b) Any increase in the Direct Salary Rate(s) shall be based on whatever increase may have occurred in

the Index for the PRIOR YEAR ONLY, as determined by EAO. If, for the prior year, the Index

showed an increase, the Direct Salary Rate(s) shall be increased. If, for the prior year, the Index

declined or showed no increase, the Direct Salary Rate(s) shall remain unchanged.

(c) Any increase in the Direct Salary Rate(s) shall be applied on a prospective basis only and shall have

no impact on the rate paid to date.

(d) Any increase in the Direct Salary Rate(s) shall only apply to the portion of the work which the

Consultant has not yet performed, as determined by the Commissioner. Any increase in the Direct

Salary Rate(s) shall not apply to any work performed by the Consultant during the prior year, even if

payment for such work is made thereafter.

(e) The Consultant shall not be entitled to payment of any increase in an Assigned Employee’s Direct

Salary Rate per hour unless the total amount of such increase is actually paid in full by the Consultant

to the Assigned Employee, as determined by the Commissioner. The Consultant shall submit its

payroll register to verify the amount actually paid by the Consultant to the Assigned Employee.

(f) Any increase in an Assigned Employee’s Direct Salary Rate that is in excess of the increase specified

above shall not be payable hereunder, even if paid by the Consultant.

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7.3.10 Night Differential / Overtime: The Commissioner may authorize the Consultant in advance in writing

to have an Assigned Employee perform services during other than regular business hours. In the event of such

authorization, the Consultant shall be entitled to payment of a premium or increase in the Assigned Employee’s Direct

Salary Rate per hour for such services, subject to the limitations set forth below. Any premium or increase payable

hereunder shall not be subject any Multiplier.

(a) The Consultant’s policy is subject to approval by the Commissioner in accordance with Article 5.

(b) The premium for Night Differential shall not exceed ten (10%) percent of the Assigned Employee’s

Direct Salary Rate per hour, and the premium for Overtime shall not exceed fifty (50%) percent of

such Direct Salary Rate.

(c) The Consultant shall not be entitled to payment of any premium unless the total amount of such

premium is actually paid in full by the Consultant to the Assigned Employee, as evidenced by the

Consultant’s payroll register.

7.3.11 Change Order Services: The Consultant may be directed to perform services pursuant to a change

order. If so specified in the change order, the Consultant agrees to perform the services specified therein on a time card

basis, as set forth herein. Such change order shall specify a not to exceed amount for the performance of the Consultant’s

services.

7.4 Payment for Reimbursable Services

7.4.1 General: An Allowance for Reimbursable Services is set forth in Exhibit A. Such Allowance is

established for payment for Reimbursable Services the Consultant is directed to provide. In providing Reimbursable

Services, the Consultant shall comply with all terms and conditions set forth in Article 6, including utilization of the

method of procurement and form of payment directed by the Commissioner. If so directed, the Consultant shall conduct

a competitive bid and/or proposal process for the specified Reimbursable Service. In general, such competitive process

will be required if the cost of the specified Reimbursable Service exceeds $5,000.

7.4.2 Payment: Payment for Reimbursable Services (except for long distance travel) shall be as set forth

below.

(a) If payment is on a lump sum basis, payment shall be based upon the percentage of completion.

(b) If payment is on a unit price basis, payment shall be based upon the number of completed units.

(c) If payment is based on actual cost, payment shall be the actual and reasonable cost, as indicated by

receipted bills or any other data required by the Commissioner.

7.4.3 Long Distance Travel: Payment for long distance travel, as set forth in Article 6, shall be in accordance

with the normal travel allowances of the City of New York for its own employees as provided in Comptroller’s “Directive

#6, Travel, Meals, Lodging and Miscellaneous Agency Expenses.”

7.4.4 Mark Up: The Consultant shall be entitled to a mark-up of 5% for overhead and profit on payments

for Reimbursable Services hereunder; provided, however, the Consultant shall NOT be entitled to any mark-up with

respect to (1) long distance travel, and (2) filing fees.

7.5 Payment for Artwork

7.5.1 General: An Allowance for Artwork is set forth in Exhibit A. Such Allowance is established for

payment for services the Consultant is directed to provide, as set forth in Article 6, for the inclusion of artwork in the

Project in accordance with Chapter 9, Section 224, of the New York City Charter. No such services shall be provided

by the Consultant, or paid from this allowance, unless expressly authorized in advance in a written directive from the

Commissioner.

7.5.2 Amount of Payment: The amount of payment for the services of the artist engaged by the Consultant

shall be calculated in accordance with the terms and conditions of the contract between the Consultant and the artist.

Such contract is subject to prior written approval by the Commissioner.

7.5.3 Consultant’s Fee: For services in connection with the artwork, the Consultant shall be entitled to a fee,

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as set forth below. Payment of such fee shall be based upon the percentage of completion of all required services in

connection with the artwork.

(a) For Projects where the total actual cost of the artwork is $50,000 or less, the fee shall be fifteen (15%)

percent of the total actual cost of the artwork.

(b) For Projects where the total actual cost of the artwork is more than $50,000, the fee shall be $7,500,

plus ten (10%) percent of the amount by which the total actual cost of the artwork exceeds $50,000.

7.6 Requisitions for Payment

7.6.1 Requisitions for payment may be submitted as the work progresses, but not more often than once a

month. Requisitions shall be in the authorized form and shall set forth the services performed by the Consultant and the

total amount of partial payment requested. The total amount of partial payment requested shall be broken down into the

following categories, depending on the services performed: (1) Payment for Design Services through a Design Fee, (2)

Payment for Services on a Time Card Basis, (3) Payment for Reimbursable Services, and (4) Payment for Artwork. The

Consultant shall submit one original and three (3) copies of each requisition for payment.

7.6.2 Requisitions for payment shall be accompanied by the documentation set forth below.

(a) Project Progress Report: The Consultant shall submit a statement indicating the percentage of

completion of all required services for the Project.

(b) Payment for Design Services Through Design Fee:

(1) In the event the Consultant is requesting payment of any portion of the Design Fee for the

preparation of design documents, the Consultant shall state that the Commissioner’s written

approval of the required deliverable(s) has been obtained, or the payment is otherwise

authorized in accordance with Article 7.

(2) For any period for which the Consultant is requesting payment of any portion of the Design

Fee for services during construction, the Consultant shall submit a statement indicating the

percentage of completion of such services.

(c) Payment for Services on a Time Card Basis: For any period for which the Consultant is requesting

payment for services on a time card basis, the Consultant shall submit the documentation set forth

below:

(1) Assigned Employee’s name and title.

(2) Commissioner approval of the Assigned Employee, either approved Staffing Plan or

documentation approving the Assigned Employee as a replacement.

(3) Assigned Employee’s Direct Salary Rate per hour determined and approved by the

Commissioner and included in the Staffing Plan.

(4) Statement indicating the Multiplier for Overhead and Profit set forth in Exhibit A.

(5) Number of hours worked each day by the Assigned Employee for the week(s) in question

during which the employee actually performed services for the Project on a time card basis.

The number of hours per day shall be broken down to indicate the number of regular business

hours and the number of non-regular business hours. The Multiplier shall not apply to any

increase in the Assigned Employee’s Direct Salary Rate per hour for authorized services

performed during other than regular business hours.

(6) Detailed time sheets completed by the Assigned Employee for the week(s) in question. Such

detailed time sheets shall reflect all hours of service by the Assigned Employee, including

without limitation: (1) actual hours during which the employee performed services for this

Project on a time card basis; (2) actual hours during which the employee performed services

for this Project which are covered under the Design Fee; (3) actual hours during which the

employee performed services for other projects; (4) non-billable hours, as defined above; (5)

actual hours, if any, during which the Assigned Employee performed services on a time card

basis for which the Consultant is not entitled to compensation, including without limitation,

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services described in Articles 6.9.1(a) and 6.9.3, and (6) non-regular business hours, if any.

(7) Copy of the Consultant’s payroll register for the week(s) in question reflecting the amount

actually paid by the Consultant to the Assigned Employee for that week.

(8) Applicable only if services were performed during other than regular business hours: (1) copy

of authorization by Commissioner for such services, and (2) copy of Commissioner’s

approval of the Consultant’s policy regarding payment of a premium for services performed

during other than regular business hours.

(d) Payment for Reimbursable Services: For any period for which the Consultant is requesting payment

for Reimbursable Services, the Consultant shall submit:

(1) Description of the Reimbursable Service the Consultant was directed to provide.

(2) If payment is on a lump sum basis, a report on the progress of the work, indicating the

percentage of completion of all required services.

(3) If payment is on a unit price basis, a report indicating the number of completed units.

(4) If payment is based on actual cost, receipted bills or any other data required by the

Commissioner.

(e) Payment for Artwork: For any period for which the Consultant is requesting payment for artwork, the

Consultant shall submit a statement indicating the percentage of completion of all required services by

the artist, as well as the total actual cost of the artwork to date.

7.6.3 All payments hereunder are contingent upon the Consultant’s satisfactory performance of the required

services. The Commissioner is authorized to make deductions for any services performed which he/she determines to

be unsatisfactory.

ARTICLE 8 – Participation by Minority-Owned and Women-Owned Business Enterprises in City Procurement

ARTICLE I. M/WBE PROGRAM

Local Law No. 129 of 2005 added and Local Law 1 of 2013 amended Section 6-129 of the Administrative Code

of the City of New York (hereinafter “Section 6-129”). Section 6-129 establishes the program for participation in City

procurement (“M/WBE Program”) by minority- owned business enterprises (“MBEs”) and women-owned business

enterprises (“WBEs”), certified in accordance with Section 1304 of the New York City Charter. As stated in Section 6-

129, the intent of the program is to address the impact of discrimination on the City’s procurement process, and to

promote the public interest in avoiding fraud and favoritism in the procurement process, increasing competition for City

business, and lowering contract costs. The contract provisions contained herein are pursuant to Section 6-129, and the

rules of the Department of Small Business Services (“DSBS”) promulgated thereunder.

If this Contract is subject to the M/WBE Program established by Section 6-129, the specific requirements of

MBE and/or WBE participation for this Contract are set forth in Schedule B of the Contract (entitled the “M/WBE

Utilization Plan”), and are detailed below. The Contractor must comply with all applicable MBE and WBE requirements

for this Contract.

All provisions of Section 6-129 are hereby incorporated in the Contract by reference and all terms used herein

that are not defined herein shall have the meanings given such terms in Section 6-129. Article I, Part A, below, sets

forth provisions related to the participation goals for construction, standard and professional services contracts. Article

I, Part B, below, sets forth miscellaneous provisions related to the M/WBE Program.

PART A: PARTICIPATION GOALS FOR CONSTRUCTION, STANDARD AND PROFESSIONAL

SERVICES CONTRACTS OR TASK ORDERS

1. The MBE and/or WBE Participation Goals established for this Contract or Task Orders issued pursuant to this

Contract, (“Participation Goals”), as applicable, are set forth on Schedule B, Part I to this Contract (see Page 1, line 1

Total Participation Goals) or will be set forth on Schedule B, Part I to Task Orders issued pursuant to this Contract, as

applicable.

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The Participation Goals represent a percentage of the total dollar value of the Contract or Task Order, as applicable, that

may be achieved by awarding subcontracts to firms certified with New York City Department of Small Business Services

as MBEs and/or WBEs, and/or by crediting the participation of prime contractors and/or qualified joint ventures as

provided in Section 3 below, unless the goals have been waived or modified by Agency in accordance with Section 6-

129 and Part A, Sections 10 and 11 below, respectively.

2. If Participation Goals have been established for this Contract or Task Orders issued pursuant to this Contract,

Contractor agrees or shall agree as a material term of the Contract that Contractor shall be subject to the Participation

Goals, unless the goals are waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and

11 below, respectively.

3. If Participation Goals have been established for this Contract or Task Order issued pursuant to this Contract, a

Contractor that is an MBE and/or WBE shall be permitted to count its own participation toward fulfillment of the relevant

Participation Goal, provided that in accordance with Section 6-129 the value of Contractor’s participation shall be

determined by subtracting from the total value of the Contract or Task Order, as applicable, any amounts that the

Contractor pays to direct subcontractors (as defined in Section 6-129(c)(13)), and provided further that a Contractor that

is certified as both an MBE and a WBE may count its own participation either toward the goal for MBEs or the goal for

WBEs, but not both.

A Contractor that is a qualified joint venture (as defined in Section 6-129(c)(30)) shall be permitted to count a percentage

of its own participation toward fulfillment of the relevant Participation Goal. In accordance with Section 6-129, the value

of Contractor’s participation shall be determined by subtracting from the total value of the Contract or Task Order, as

applicable, any amounts that Contractor pays to direct subcontractors, and then multiplying the remainder by the

percentage to be applied to total profit to determine the amount to which an MBE or WBE is entitled pursuant to the joint

venture agreement, provided that where a participant in a joint venture is certified as both an MBE and a WBE, such

amount shall be counted either toward the goal for MBEs or the goal for WBEs, but not both.

4. A. If Participation Goals have been established for this Contract, a prospective contractor shall be required to

submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Utilization Plan, Part II (see Pages 2-4)

indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends

to award to direct subcontractors; and (c) in cases where the contractor intends to award direct subcontracts, a description

of the type and dollar value of work designated for participation by MBEs and/or WBEs, and the time frames in which

such work is scheduled to begin and end. In the event that this M/WBE Utilization Plan indicates that the bidder or

proposer, as applicable, does not intend to meet the Participation Goals, the bid or proposal, as applicable, shall be

deemed non-responsive, unless Agency has granted the bidder or proposer, as applicable, a pre- award waiver of the

Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.

B. (i) If this Contract is for a master services agreement or other requirements type contract that will result in

the issuance of Task Orders that will be individually registered (“Master Services Agreement”) and is subject to M/WBE

Participation Goals, a prospective contractor shall be required to submit with its bid or proposal, as applicable, a

completed Schedule B, M/WBE Participation Requirements for Master Services Agreements That Will Require

Individually Registered Task Orders, Part II (page 2) indicating the prospective contractor’s certification and required

affirmations to make all reasonable good faith efforts to meet participation goals established on each individual Task

Order issued pursuant to this Contract, or if a partial waiver is obtained or such goals are modified by the Agency, to

meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms.

In the event that the Schedule B indicates that the bidder or proposer, as applicable, does not intend to meet the

Participation Goals that may be established on Task Orders issued pursuant to this Contract, the bid or proposal, as

applicable, shall be deemed nonresponsive.

(ii) Participation Goals on a Master Services Agreement will be established for individual Task Orders issued

after the Master Services Agreement is awarded. If Participation Goals have been established on a Task Order, a

contractor shall be required to submit a Schedule B – M/WBE Utilization Plan For Independently Registered Task Orders

That Are Issued Pursuant to Master Services Agreements, Part II (see Pages 2-4) indicating: (a) whether the contractor

is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends to award to direct subcontractors;

and (c) in cases where the contractor intends to award direct subcontracts, a description of the type and dollar value of

work designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin

and end. The contractor must engage in good faith efforts to meet the Participation Goals as established for the Task

________________________________________________________________________________________________________________________


Order unless Agency has granted the contractor a pre-award waiver of the Participation Goals in accordance with Section

6-129 and Part A, Section 10 below.

C. THE BIDDER/PROPOSER MUST COMPLETE THE SCHEDULE B INCLUDED HEREIN (SCHEDULE B, PART II). A

SCHEDULE B SUBMITTED BY THE BIDDER/PROPOSER WHICH DOES NOT INCLUDE THE VENDOR CERTIFICATION AND

REQUIRED AFFIRMATIONS (SEE SECTION V OF PART II) WILL BE DEEMED TO BE NON-RESPONSIVE, UNLESS A FULL

WAIVER OF THE PARTICIPATION GOALS IS GRANTED (SCHEDULE B, PART III). IN THE EVENT THAT THE CITY

DETERMINES THAT THE BIDDER/PROPOSER HAS SUBMITTED A SCHEDULE B WHERE THE VENDOR CERTIFICATION AND

REQUIRED AFFIRMATIONS ARE COMPLETED BUT OTHER ASPECTS OF THE SCHEDULE B ARE NOT COMPLETE, OR

CONTAIN A COPY OR COMPUTATION ERROR THAT IS AT ODDS WITH THE VENDOR CERTIFICATION AND AFFIRMATIONS,

THE BIDDER/PROPOSER WILL BE NOTIFIED BY THE AGENCY AND WILL BE GIVEN FOUR (4) CALENDAR DAYS FROM

RECEIPT OF NOTIFICATION TO CURE THE SPECIFIED DEFICIENCIES AND RETURN A COMPLETED SCHEDULE B TO THE

AGENCY. FAILURE TO DO SO WILL RESULT IN A DETERMINATION THAT THE BID/PROPOSAL IS NON-RESPONSIVE.

RECEIPT OF NOTIFICATION IS DEFINED AS THE DATE NOTICE IS E-MAILED OR FAXED (IF THE BIDDER/PROPOSER HAS

PROVIDED AN E-MAIL ADDRESS OR FAX NUMBER), OR NO LATER THAN FIVE (5) CALENDAR DAYS FROM THE DATE OF

MAILING OR UPON DELIVERY, IF DELIVERED.

5. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, within 30 days of issuance by

Agency of a notice to proceed, submit a list of proposed persons or entities to which it intends to award subcontracts

within the subsequent 12 months. In the case of multiyear contracts, such list shall also be submitted every year

thereafter. The Agency may also require the Contractor to report periodically about the contracts awarded by its direct

subcontractors to indirect subcontractors (as defined in Section 6-129(c)(22)). PLEASE NOTE: If this Contract is a

public works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New York City) or

if the Contract is subject to a project labor agreement in accordance with Labor Law §222, and the bidder is required to

identify at the time of bid submission its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam

heating, hot water heating, ventilating and air conditioning (HVAC); and electric wiring), the Contractor must identify

all those to which it intends to award construction subcontracts for any portion of the Wicks trade work at the time of

bid submission, regardless of what point in the life of the contract such subcontracts will occur. In identifying intended

subcontractors in the bid submission, bidders may satisfy any Participation Goals established for this Contract by

proposing one or more subcontractors that are MBEs and/or WBEs for any portion of the Wicks trade work. In the event

that the Contractor’s selection of a subcontractor is disapproved, the Contractor shall have a reasonable time to propose

alternate subcontractors.

6. MBE and WBE firms must be certified by DSBS in order for the Contractor to credit such firms’ participation

toward the attainment of the Participation Goals. Such certification must occur prior to the firms’ commencement of

work. A list of MBE and WBE firms may be obtained from the DSBS website at www.nyc.gov/buycertified, by emailing

DSBS at [email protected], by calling (212) 513-6356, or by visiting or writing DSBS at 110 William St., New York,

New York, 10038, 7th floor. Eligible firms that have not yet been certified may contact DSBS in order to seek

certification by visiting www.nyc.gov/getcertified, emailing [email protected], or calling the DSBS certification

helpline at (212) 513-6311. A firm that is certified as both an MBE and a WBE may be counted either toward the goal

for MBEs or the goal for WBEs, but not both. No credit shall be given for participation by a graduate MBE or graduate

WBE, as defined in Section 6-129(c)(20).

7. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, with each voucher for payment,

and/or periodically as Agency may require, submit statements, certified under penalty of perjury, which shall include,

but not be limited to,: the total amount the Contractor paid to its direct subcontractors, and, where applicable pursuant to

Section 6-129(j), the total amount direct subcontractors paid to indirect subcontractors; the names, addresses and contact

numbers of each MBE or WBE hired as a subcontractor by the Contractor, and, where applicable, hired by any of the

Contractor’s direct subcontractors; and the dates and amounts paid to each MBE or WBE. The Contractor shall also

submit, along with its voucher for final payment: the total amount it paid to subcontractors, and, where applicable

pursuant to Section 6-129(j), the total amount its direct subcontractors paid directly to their indirect subcontractors; and

a final list, certified under penalty of perjury, which shall include the name, address and contact information of each

subcontractor that is an MBE or WBE, the work performed by, and the dates and amounts paid to each.

8. If payments made to, or work performed by, MBEs or WBEs are less than the amount specified in the

Contractor’s M/WBE Utilization Plan, Agency shall take appropriate action, in accordance with Section 6-129 and

Article II below, unless the Contractor has obtained a modification of its M/WBE Utilization Plan in accordance with

Section 6-129 and Part A, Section 11 below.

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9. Where an M/WBE Utilization Plan has been submitted, and the Contractor requests a change order the value of

which exceeds the greater of 10 percent of the Contract or Task Order, as applicable, or $500,000, Agency shall review

the scope of work for the Contract or Task Order, as applicable, and the scale and types of work involved in the change

order, and determine whether the Participation Goals should be modified.

10. Pre-award waiver of the Participation Goals. (a) A bidder or proposer, or contractor with respect to a Task

Order, may seek a pre-award full or partial waiver of the Participation Goals in accordance with Section 6-129, which

requests that Agency change one or more Participation Goals on the grounds that the Participation Goals are unreasonable

in light of the availability of certified firms to perform the services required, or by demonstrating that it has legitimate

business reasons for proposing a lower level of subcontracting in its M/WBE Utilization Plan.

(b) To apply for a full or partial waiver of the Participation Goals, a bidder, proposer, or contractor, as

applicable, must complete Part III (Page 5) of Schedule B and submit such request no later than seven (7) calendar days

prior to the date and time the bids, proposals, or Task Orders are due, in writing to the Agency by email at

[email protected] or via facsimile at (718) 391-1886. Bidders, proposers, or contractors, as applicable, who have

submitted requests will receive an Agency response by no later than two (2) calendar days prior to the due date for bids,

proposals, or Task Orders; provided, however, that if that date would fall on a weekend or holiday, an Agency response

will be provided by close-of-business on the business day before such weekend or holiday date.

(c) If the Agency determines that the Participation Goals are unreasonable in light of the availability of certified

firms to perform the services required, it shall revise the solicitation and extend the deadline for bids and proposals, or

revise the Task Order, as applicable.

(d) Agency may grant a full or partial waiver of the Participation Goals to a bidder, proposer or contractor, as

applicable, who demonstrates—before submission of the bid, proposal or Task Order, as applicable—that it has

legitimate business reasons for proposing the level of subcontracting in its M/WBE Utilization Plan. In making its

determination, Agency shall consider factors that shall include, but not be limited to, whether the bidder, proposer or

contractor, as applicable, has the capacity and the bona fide intention to perform the Contract without any subcontracting,

or to perform the Contract without awarding the amount of subcontracts represented by the Participation Goals. In

making such determination, Agency may consider whether the M/WBE Utilization Plan is consistent with past

subcontracting practices of the bidder, proposer or contractor, as applicable, whether the bidder, proposer or contractor,

as applicable, has made efforts to form a joint venture with a certified firm, and whether the bidder, proposer, or

contractor, as applicable, has made good faith efforts to identify other portions of the Contract that it intends to

subcontract.

11. Modification of M/WBE Utilization Plan. (a) A Contractor may request a modification of its M/WBE

Utilization Plan after award of this Contract. PLEASE NOTE: If this Contract is a public works project subject to GML

§101(5) (i.e., a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a project

labor agreement in accordance with Labor Law §222, and the bidder is required to identify at the time of bid submission

its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating

and air conditioning (HVAC); and electric wiring), the Contractor may request a Modification of its M/WBE Utilization

Plan as part of its bid submission. The Agency may grant a request for Modification of a Contractor’s M/WBE Utilization

Plan if it determines that the Contractor has established, with appropriate documentary and other evidence, that it made

reasonable, good faith efforts to meet the Participation Goals. In making such determination, Agency shall consider

evidence of the following efforts, as applicable, along with any other relevant factors:

(i) The Contractor advertised opportunities to participate in the Contract, where appropriate, in general circulation

media, trade and professional association publications and small business media, and publications of minority and

women’s business organizations;

(ii) The Contractor provided notice of specific opportunities to participate in the Contract, in a timely manner, to

minority and women’s business organizations;

(iii) The Contractor sent written notices, by certified mail or facsimile, in a timely manner, to advise MBEs or WBEs

that their interest in the Contract was solicited;

(iv) The Contractor made efforts to identify portions of the work that could be substituted for portions originally

designated for participation by MBEs and/or WBEs in the M/WBE Utilization Plan, and for which the Contractor

claims an inability to retain MBEs or WBEs;


________________________________________________________________________________________________________________________


(v) The Contractor held meetings with MBEs and/or WBEs prior to the date their bids or proposals were due, for the

purpose of explaining in detail the scope and requirements of the work for which their bids or proposals were

solicited;

(vi) The Contractor made efforts to negotiate with MBEs and/or WBEs as relevant to perform specific subcontracts,

or act as suppliers or service providers;

(vii) Timely written requests for assistance made by the Contractor to Agency’s M/WBE liaison officer and to DSBS;

(viii) Description of how recommendations made by DSBS and Agency were acted upon and an explanation of why

action upon such recommendations did not lead to the desired level of participation of MBEs and/or WBEs.

Agency’s M/WBE officer shall provide written notice to the Contractor of the determination.

(b) The Agency may modify the Participation Goals when the scope of the work has been changed by the Agency in a

manner that affects the scale and types of work that the Contractor indicated in its M/WBE Utilization Plan would be

awarded to subcontractors.

12. If this Contract is for an indefinite quantity of construction, standard or professional services or is a requirements

type contract and the Contractor has submitted an M/WBE Utilization Plan and has committed to subcontract work to

MBEs and/or WBEs in order to meet the Participation Goals, the Contractor will not be deemed in violation of the

M/WBE Program requirements for this Contract with regard to any work which was intended to be subcontracted to an

MBE and/or WBE to the extent that the Agency has determined that such work is not needed.

13. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract,

at least once annually during the term of the Contract or Task Order, as applicable, Agency shall review the Contractor’s

progress toward attainment of its M/WBE Utilization Plan, including but not limited to, by reviewing the percentage of

work the Contractor has actually awarded to MBE and/or WBE subcontractors and the payments the Contractor made to

such subcontractors.

14. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract,

Agency shall evaluate and assess the Contractor’s performance in meeting those goals, and such evaluation and

assessment shall become part of the Contractor’s overall contract performance evaluation.

PART B: MISCELLANEOUS

1. The Contractor shall take notice that, if this solicitation requires the establishment of an M/WBE Utilization

Plan, the resulting contract may be audited by DSBS to determine compliance with Section 6-129. See §6-129(e)(10).

Furthermore, such resulting contract may also be examined by the City’s Comptroller to assess compliance with the

M/WBE Utilization Plan.

2. Pursuant to DSBS rules, construction contracts that include a requirement for an M/WBE Utilization Plan shall

not be subject to the law governing Locally Based Enterprises set forth in Section 6-108.1 of the Administrative Code of

the City of New York.

3. DSBS is available to assist contractors and potential contractors in determining the availability of MBEs and/or

WBEs to participate as subcontractors, and in identifying opportunities that are appropriate for participation by MBEs

and/or WBEs in contracts.

4. Prospective contractors are encouraged to enter into qualified joint venture agreements with MBEs and/or

WBEs as defined by Section 6-129(c)(30).

5. By submitting a bid or proposal the Contractor hereby acknowledges its understanding of the M/WBE Program

requirements set forth herein and the pertinent provisions of Section 6-129, and any rules promulgated thereunder, and

if awarded this Contract, the Contractor hereby agrees to comply with the M/WBE Program requirements of this Contract

and pertinent provisions of Section 6-129, and any rules promulgated thereunder, all of which shall be deemed to be

material terms of this Contract. The Contractor hereby agrees to make all reasonable, good faith efforts to solicit and

obtain the participation of MBEs and/or WBEs to meet the required Participation Goals.

ARTICLE II. ENFORCEMENT

________________________________________________________________________________________________________________________


1. If Agency determines that a bidder or proposer, as applicable, has, in relation to this procurement, violated

Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, Agency may disqualify such bidder or proposer,

as applicable, from competing for this Contract and the Agency may revoke such bidder’s or proposer’s prequalification

status, if applicable.

2. Whenever Agency believes that the Contractor or a subcontractor is not in compliance with Section 6-129 or

the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129,

including, but not limited to any M/WBE Utilization Plan, Agency shall send a written notice to the Contractor describing

the alleged noncompliance and offering the Contractor an opportunity to be heard. Agency shall then conduct an

investigation to determine whether such Contractor or subcontractor is in compliance.

3. In the event that the Contractor has been found to have violated Section 6-129, the DSBS rules promulgated

pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to,

any M/WBE Utilization Plan, Agency may determine that one of the following actions should be taken:

(a) Entering into an agreement with the Contractor allowing the Contractor to cure the violation;

(b) Revoking the Contractor's pre-qualification to bid or make proposals for future contracts;

(c) Making a finding that the Contractor is in default of the Contract;

(d) Terminating the Contract;

(e) Declaring the Contractor to be in breach of Contract;

(f) Withholding payment or reimbursement;

(g) Determining not to renew the Contract;

(h) Assessing actual and consequential damages;

(i) Assessing liquidated damages or reducing fees, provided that liquidated damages may be based on amounts

representing costs of delays in carrying out the purposes of the M/WBE Program, or in meeting the purposes of

the Contract, the costs of meeting utilization goals through additional procurements, the administrative costs of

investigation and enforcement, or other factors set forth in the Contract;

(j) Exercising rights under the Contract to procure goods, services or construction from another contractor and charge

the cost of such contract to the Contractor that has been found to be in noncompliance; or

(k) Taking any other appropriate remedy.

4. If an M/WBE Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the Contractor has

been found to have failed to fulfill its Participation Goals contained in its M/WBE Utilization Plan or the Participation

Goals as modified by Agency pursuant to Article I, Part A, Section 11, Agency may assess liquidated damages in the

amount of ten percent (10%) of the difference between the dollar amount of work required to be awarded to MBE and/or

WBE firms to meet the Participation Goals and the dollar amount the Contractor actually awarded and paid, and/or

credited, to MBE and/or WBE firms. In view of the difficulty of accurately ascertaining the loss which the City will

suffer by reason of Contractor’s failure to meet the Participation Goals, the foregoing amount is hereby fixed and agreed

as the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency may deduct

and retain out of any monies which may become due under this Contract the amount of any such liquidated damages;

and in case the amount which may become due under this Contract shall be less than the amount of liquidated damages

suffered by the City, the Contractor shall be liable to pay the difference.

5. Whenever Agency has reason to believe that an MBE and/or WBE is not qualified for certification, or is

participating in a contract in a manner that does not serve a commercially useful function (as defined in Section 6-

129(c)(8)), or has violated any provision of Section 6- 129, Agency shall notify the Commissioner of DSBS who shall

determine whether the certification of such business enterprise should be revoked.

6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be submitted under

penalty of perjury and any false or misleading statement or omission shall be grounds for the application of any applicable

criminal and/or civil penalties for perjury. The making of a false or fraudulent statement by an MBE and/or WBE in any

instrument submitted pursuant to Section 6-129 shall, in addition, be grounds for revocation of its certification.

7. The Contractor's record in implementing its M/WBE Utilization Plan shall be a factor in the evaluation of its

performance. Whenever Agency determines that a Contractor's compliance with an M/WBE Utilization Plan has been

unsatisfactory, Agency shall, after consultation with the City Chief Procurement Officer, file an advice of caution form

for inclusion in VENDEX as caution data.

________________________________________________________________________________________________________________________


IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate, the day and year first above

written, one copy to remain with the Commissioner, one copy to be filed with the Comptroller of the City of New York

and one copy to be delivered to the Consultant.

THE CITY OF NEW YORK

By: _____________________________________

Deputy Commissioner

CONSULTANT:

By: _____________________________________

Print Name: ______________________________

Title: _____________________________________

EIN: _____________________________________

Approved as to Form and Certified

as to Legal Authority

___________________________________

Acting Corporation Counsel

Date: ______________________________

________________________________________________________________________________________________________________________


ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION

State of _______________ County of _______________ ss:

On this ____ day of ___________, ________ before me personally came ____________________________________,

who being by me duly sworn, did depose and say that he/she resides in the City of

________________________________, that he/she is the ______________________ of

___________________________________________________________, the corporation described in and which

executed the foregoing instrument; and that he/she signed his/her name to the foregoing instrument by order of the

directors of said corporation as the duly authorized and binding act thereof.

_______________________________________________

Notary Public or Commissioner of Deeds

ACKNOWLEDGMENT BY COMMISSIONER

State of _______________ County of _______________ ss:

On this ____ day of _________, ________ before me personally came ____________________________________,

to me known and known to me to be the Deputy Commissioner of the Department of Design and Construction of the

City of New York, the person described as such in and who as such executed the foregoing instrument and he

acknowledged to me that he executed the same as Deputy Commissioner for the purposes therein mentioned.

_______________________________________________

Notary Public or Commissioner of Deeds

________________________________________________________________________________________________________________________


EXHIBIT A

CONTRACT INFORMATION

• Maximum Amount of Contract: Not to Exceed $__________

(Addition of items below)

• Estimated Design Fee: $__________

• Allowance for Services on a Time Card Basis: Not to Exceed $__________

• Allowance for Reimbursable Services: Not to Exceed $__________

• Allowance for Artwork: Not to Exceed $__________

• Term of Contract: The Contract shall commence as of the date of registration by the Comptroller and shall remain

in effect until Final Acceptance of all required construction work for the Project and completion of all required

services hereunder. The anticipated time frame for completion of all required services, broken down by phase, is

set forth below. All time frames below are in consecutive calendar days (“CCDs”).

• Anticipated Time Frame for Completion of all Required Services: 2005 CCDs

• Anticipated Time Frame for Design Phase: * 730 CCDs

• Anticipated Time Frame for Construction Phase: 1275 CCDs

* The Design Phase includes, but is not limited to, the following: (1) pre-schematic services, (2) preparation of

design documents, (3) review by City agencies, (4) value engineering, and (5) bid, award and registration of

construction contracts.

• Deliverables: The submission of deliverables by the Consultant during the Design Phase shall be in accordance with

the schedule set forth in the Project Objectives (Exhibit F).

• Insurance Requirements: General Provisions governing the Contract, including insurance coverage the Consultant

and its Subconsultants are required to provide, are set forth in Appendix A. Appendix A is included as an Exhibit

to the Contract. Insurance Requirements are set forth in Article 7 of Appendix A.

• Multiplier for Overhead and Profit: ____________________

________________________________________________________________________________________________________________________


EXHIBIT B: SUBCONSULTANTS AND KEY PERSONNEL

(A) SUBCONSULTANTS: The subconsultants listed below were identified by Consultant in its Proposal for the

Contract. The Consultant specifically agrees to engage such subconsultants for the Project.

Architectural Design Services (Prime Consultant): ________________________________

Structural Engineering Design Services: ________________________________

Firearm and Tactical Design Services: ________________________________

Civil Engineering Design Services: ________________________________

Environmental Engineering Design Services: ________________________________

Geotechnical Engineering Services: ________________________________

HVAC & Fire Protection Design Services: ________________________________

Electrical Engineering Design Services: ________________________________

Plumbing Engineering Design Services: ________________________________

Communications/Data Systems Design Services: ________________________________

Lighting Design Services: ________________________________

Landscape Architectural Design Services: ________________________________

Sustainable Design Services: ________________________________

Building Information Modeling Services: _________________________________

Specification Services: _________________________________

Cost Estimating Services: ________________________________

Traffic Engineering Design Services: ________________________________

Signage and Way finding Design Services: ________________________________

Filing/Zoning/Code Consulting Services: ________________________________

Community Relations Consulting Services: ________________________________

Security Systems Design Services: ________________________________

Acoustic Design Services: ________________________________

Blast, Impact and Physical Security Design Services: ________________________________

Interior Design Services: ________________________________

Curtain Wall/Building Enclosure Design Services: ________________________________

(B) KEY PERSONNEL: The names of individuals identified as Key Personnel by the Consultant in its Proposal

________________________________________________________________________________________________________________________


for the Contract, as well as their titles and qualifications, are set forth below. The Consultant specifically agrees to assign

to the Project for its entire duration the individuals identified below as Key Personnel, unless otherwise approved by the

Commissioner.

Architectural Design Services: Name Qualifications

Principal: ______________________________ _____________________________

Project Manager: ______________________________ _____________________________

Project Architect: ______________________________ _____________________________

Senior Architectural Designer: ______________________________ _____________________________

Structural Engineering Design Services: Name Qualifications

Project Engineer: ______________________________ _____________________________

Senior Structural Designer: ______________________________ _____________________________

Firearm and Tactical Design Services: Name Qualifications


Senior Designer: ______________________________ _____________________________

Civil Engineering Design Services: Name Qualifications

Senior Civil Engineer: ______________________________ _____________________________

Environmental Engineering Design Services: Name Qualifications

Senior Environmental Engineer: ______________________________ _____________________________

Geotechnical Engineering

Services: Name Qualifications

Senior Geotechnical Engineer: ______________________________ _____________________________

HVAC/Fire Protection Design Services: Name Qualifications

Project Engineer: ____________________________ _____________________________

Senior HVAC Designer: ____________________________ _____________________________

Senior Fire Protection Designer: ____________________________ _____________________________

Electrical Engineering Design Services: Name Qualifications


Senior Electrical Designer: ______________________________ _____________________________

Fire Alarm Specialist: ______________________________ _____________________________

Plumbing Engineering Design Services: Name Qualifications

Project Engineer: ____________________________ _____________________________

Senior Plumbing Designer: ____________________________ _____________________________

Lighting Design Services: Name Qualifications

Senior Lighting Designer: ____________________________ _____________________________

Landscape Architectural Design Services: Name Qualifications

________________________________________________________________________________________________________________________


Senior Landscape Architect: ____________________________ _____________________________

Senior Landscape Designer: ____________________________ _____________________________

Sustainable Design Services: Name Qualifications

Senior Sustainability Consultant: ____________________________ _____________________________

LEED Specialist: ____________________________ _____________________________

Specification Services: Name Qualifications

Senior Specification Writer ____________________________ _____________________________

Cost Estimating Services: Name Qualifications

Senior Estimator: ____________________________ _____________________________

Traffic Engineering Design Services: Name Qualifications

Senior Traffic Engineer: ____________________________ _____________________________

Filing/Zoning/Code

Consulting Services: Name Qualifications

Code Specialist ____________________________ _____________________________

Community Relation

Consulting Services: Name Qualifications

Community Relation Liaison: ____________________________ _____________________________

Security System Design Services: Name Qualifications

Senior Security System Designer ____________________________ _____________________________

Acoustic Design Services: Name Qualifications

Senior Acoustic Designer: ____________________________ _____________________________

Blast, Impact, and Physical

Security Design Services: Name Qualifications

Senior Designer ____________________________ _____________________________

Interior Design Services: Name Qualifications

Senior Interior Designer ____________________________ _____________________________

Curtain Wall/Building Enclosure

Design Services: Name Qualifications

Senior Curtain Wall/Building ____________________________ _____________________________

Enclosure Designer

________________________________________________________________________________________________________________________


EXHIBIT C: DESIGN FEE

(1) Design Fee: For the performance of all required Design Services for the Project, as set forth below, the City

agrees to pay and the Consultant agrees to accept a total Design Fee, the amount of which shall be calculated in

accordance with this Exhibit C. The Design Fee is deemed to include all costs and expenses incurred by the

Consultant and/or its Subconsultants in the performance of all required Design Services for the Project,

including all expenses related to management and overhead, all expenses in connection with providing the non-

reimbursable items and/or services set forth in Article 6, and any anticipated profit.

(a) Services Included in Design Fee: The services included in the Design Fee shall consist of all services

required for the Project, except as otherwise provided in paragraph (b) below. The services included in

the Design Fee shall include without limitation the services set forth below.

• Architectural Design Services

• Structural Engineering Design Services

• Firearm and Tactical Design Services

• Civil Engineering Design Services

• Environmental Engineering Design Services

• Heating, Ventilating and Air-Conditioning (HVAC) and Fire Protection Design Services

• Electrical Engineering Design Services

• Plumbing Engineering Design Services

• Communications / Data Systems Design Services

• Lighting Design Services

• Landscape Architectural Design Services

• Sustainable Design Services

• Building Information Modeling (BIM) Services

• Specification Services

• Cost Estimating Services

• Waste Management Design Services

• Traffic Engineering Design Services

• Filing/Zoning/Code Consulting Services

• Community Relations Consulting Services

• Security Systems Design Services

• Acoustic Design Services

• Blast, Impact and Physical Security Design Services

(b) Services Not Included in Design Fee: The services set forth below are not included in the Design Fee.

Service Form of Payment Article Reference

Pre-Schematic Design Services Time Card Article 7.3

Geotechnical Engineering Services Time Card Article 7.3

Additional Professional Services Time Card, or Article 7.3

Recalculation of Fee Article 7.2.6

Reimbursable Services Reimbursement / 5% mark-up Article 7.4

Artwork Fee for Artwork Article 7.5

(2) Calculation of Design Fee: The Design Fee shall be calculated as a percent of the total estimated cost of

construction for the Project in accordance with the Fee Curve set forth in this Exhibit C. For the purpose of

calculating the Design Fee based on the Fee Curve, the total estimate of the cost of construction for the Project

shall be the total estimate of the cost of construction of the Project approved in writing by the Commissioner at

the conclusion of the Design Development Phase, as described in the Design Consultant Guide; provided,

however, the total amount of such estimate shall be reduced to comply with the terms and conditions set forth

below. If the total estimate of the cost of construction falls between the dollar levels designated in the Fee

Curve, the Design Fee shall be interpolated on a straight line basis between the corresponding two dollar levels.

________________________________________________________________________________________________________________________


(a) Components of the Estimate: The Design Consultant Guide sets forth the components to be included in

the total estimate of the cost of construction for the Project at the conclusion of the Design Development

Phase; however, for the purpose of calculating the Design Fee in accordance with the Fee Curve, the total

amount of such estimate shall be reduced to exclude any amount in connection with the component(s)

set forth below.

• Construction Contingency of 10%.

(b) Exclusions From the Estimate: For the purpose of calculating the Design Fee in accordance with the Fee

Curve, the total amount of the estimate of the cost of construction for the Project shall be reduced to

exclude any costs or expenses in connection with the items set forth below.

• Bonds, insurance, mobilization or special conditions for performance of the construction work.

• New furniture and/or new equipment, unless expressly provided otherwise in the Project Objectives

• Components of the Project involving food services, unless expressly provided otherwise in the

Project Objectives

• Existing equipment and/or material the Consultant is directed by the Commissioner to use for the

Project. In such case, the estimate shall include only the cost of relocating such existing equipment

and/or material.

• Components of the Project for which design services are paid for on a time card basis.

• Components of the Project for which design services are provided by the City.

• Reimbursable Services, as set forth in Article 6.

• Artwork, as set forth in Article 6.

(3) No Increase: The Design Fee shall not be subject to any increase in the event any or all of the following occur:

(1) services are performed during non-regular business hours, or (2) DDC directs the Consultant to prepare and

organize design documents for the Project into multiple construction contacts, or (3) the term of the contract is

extended.

________________________________________________________________________________________________________________________


EXHIBIT C: DESIGN FEE

Calculation: The Design Fee shall be calculated as a percent of the total estimated cost of construction for the Project in

accordance with the Fee Curve set forth in this Exhibit C. For the purpose of calculating the Design Fee based on the

Fee Curve, the total estimate of the cost of construction for the Project shall be the total estimate of the cost of construction

of the Project approved in writing by the Commissioner at the conclusion of the Design Development Phase, as described

in the Design Consultant Guide; provided, however, the total amount of such estimate shall be reduced as set forth below.

If the total estimate of the cost of construction falls between the dollar levels designated in the Fee Curve, the Design

Fee shall be interpolated on a straight line basis between the corresponding two dollar levels.

Reduction in the Estimate: For the purpose of calculating the Design Fee based on the Fee Curve, the total estimate

of the cost of construction for the Project approved in writing by the Commissioner at the conclusion of the Design

Development Phase shall be reduced to comply with the terms and conditions set forth in Paragraph (2) of this Exhibit

C.

TOTAL ESTIMATED DESIGN FEE AS A PERCENT OF AMOUNT OF

CONSTRUCTION COST ESTIMATED CONSTRUCTION COST DESIGN FEE

$ 50,000,000 or Less 9.45% $ 4,725,000

$ 60,000,000 9.30% $ 5,580,000

$ 70,000,000 9.15% $ 6,405,000

$ 80,000,000 9.00% $ 7,200,000

$ 90,000,000 8.85% $ 7,965,000

$ 100,000,000 8.70% $ 8,700,000

$ 150,000,000 8.55% $ 12,825,000

$ 200,000,000 8.40% $ 16,800,000

$ 250,000,000 8.25% $ 20,625,000

$ 300,000,000 8.10% $ 24,300,000

$ 350,000,000 7.95% $ 27,825,000

$ 400,000,000 7.80% $ 31,200,000

$ 450,000,000 7.65% $ 34,425,000

$ 500,000,000 or More 7.50% $ 37,500,000

________________________________________________________________________________________________________________________


EXHIBIT D

TITLES OF PERSONNEL FOR ADDITIONAL PROFESSIONAL SERVICES

Titles of Personnel: A list of titles of personnel is set forth below. Such list specifies the titles of personnel which the

Consultant may be required to provide for the following: (1) Additional Professional Services, and (2) other services the

Consultant is directed to perform on a time card basis. The Consultant shall be required to provide such personnel

through its own employees and/or through its Subconsultants.

No Payment for Principals: The Consultant shall not be entitled to payment for a principal’s time performing oversight

or management duties. This prohibition on payment for a principal’s time shall not apply if the following criteria are

met: (1) such principal is qualified to perform services for the Project in accordance with one of the titles set forth below,

and (2) such principal is included in the approved Staffing Plan for such title.

ARCHITECTURAL DESIGN SERVICES:

TITLE

Project Manager (Architecture)

Project Architect

Senior Architectural Designer

Junior Architectural Designer

Senior Draftsperson/CAD.

Junior Draftsperson/CAD


TITLE

Project Engineer (Structural Engineering)

Project Manager (Structural Engineering)

Senior Structural Designer

Junior Structural Designer

Senior Engineering Draftsperson/CAD

Junior Engineering Draftsperson/CAD


TITLE

Project Engineer (Firearm and Tactical Village)

Project Manager (Firearm and Tactical Village)

Senior Designer

Junior Designer

Senior Draftsperson/CAD

Junior Draftsperson/CAD


TITLE

Senior Civil Engineer

________________________________________________________________________________________________________________________


Junior Civil Engineer




TITLE

Project Manager (Environmental Engineering)

Project Engineer

Environmental Technician

Draftsperson/CAD


TITLE

Project Manager (Geotechnical Engineering)

Senior Geotechnical Engineer

Junior Geotechnical Engineer

Draftsperson/CAD


TITLE

Project Engineer (HVAC Engineering)

Project Manager (HVAC Engineering)

Senior HVAC Designer

Junior HVAC Designer

Senior Fire Protection Designer

Junior Fire Protection Designer




TITLE

Project Engineer (Electrical Engineering)

Project Manager (Electrical Engineering)

Senior Electrical Designer

Junior Electrical Designer

Fire Alarm Specialist




________________________________________________________________________________________________________________________


TITLE

Project Engineer (Plumbing Engineering)

Project Manager (Plumbing Engineering)

Senior Plumbing Designer

Junior Plumbing Designer




TITLE

Project Engineer (Communication

Engineering)

Project Manager (Communication

Engineering)

Senior Communication Designer

Junior Communication Designer




TITLE

Senior Lighting Designer

Draftsperson/CAD


TITLE

Senior Landscape Architect

Junior Landscape Architect

Senior Landscape Architectural Designer

Junior Landscape Architectural Designer

Draftsperson/CAD


TITLE

Senior Sustainability Consultant

LEED Specialist


TITLE

Project Manager/ Senior Coordinator

________________________________________________________________________________________________________________________



TITLE

Specification Writer


TITLE

Senior Estimator

Junior Estimator


TITLE

Project Engineer (Traffic Engineering)

Senior Civil Engineer

Junior Civil Engineer

Engineering Technician

Draftsperson/CAD


TITLE

Code Specialist


TITLE

Community Relation Liaison


TITLE

Senior Security System Designer

Junior Security System Designer


TITLE

Senior Acoustic Designer

Junior Acoustic Designer


TITLE

________________________________________________________________________________________________________________________


Senior Blast, Impact & Physical Security

Designer

Junior Blast, Impact & Physical Security

Designer


TITLE

Senior Interior Designer

Junior Interior Designer

CARTAIN WALL/BUILDING ENCLOSER DESIGN SERVICES:

TITLE

Senior Curtain Wall/Building Enclosure

Designer

Junior Curtain Wall/Building Enclosure

Designer

________________________________________________________________________________________________________________________


EXHIBIT E

MINIMUM REQUIREMENTS PER TITLE

Minimum Requirements Per Title: Personnel provided by the Consultant and/or its Subconsultants must satisfy the

minimum requirements for the title in question, as set forth below. The Consultant shall provide resumes or other

documentation acceptable to the Commissioner to demonstrate that personnel provided hereunder comply with the

minimum requirements per title. In exceptional circumstances, the Commissioner, in his/her sole and absolute discretion,

may modify the minimum requirements per title.

Key Personnel: The names of individuals identified as Key Personnel, as well as their titles and qualifications, are set

forth in Exhibit B. For any title of Key Personnel, the minimum requirements per title shall be the GREATER of the

following: (1) the qualifications for the title in question, as set forth in Exhibit B, or (2) the minimum requirements per

title set forth below.

Other Personnel: For all other titles of personnel, the minimum requirements per title are set forth below

ARCHITECTURAL DESIGN SERVICES:


Number of Years of

Experience

NYS Professional

License or

Certification

Project Manager (Architecture) 10 RA

Project Architect 10 RA

Senior Architectural Designer 7 RA

Junior Architectural Designer 4

Senior Draftsperson/CAD. 3




Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (Structural Engineering) 10 PE

Project Manager (Structural Engineering) 7 PE

Senior Structural Designer 7 PE

Junior Structural Designer 5





Number of Years of

Experience

Professional License

or Certification

Project Engineer (Firearm and Tactical

Village)

10

Project Manager (Firearm and Tactical

Village)

7

________________________________________________________________________________________________________________________


Senior Designer 7

Junior Designer 5

Senior Draftsperson/CAD 3




Number of Years of

Experience

NYS Professional

License or

Certification

Senior Civil Engineer 10 PE






Number of Years of

Experience

NYS Professional

License or

Certification

Project Manager (Environmental Engineering) 10 PE

Project Engineer 5 PE

Environmental Technician 3

Draftsperson/CAD 2



Number of Years of

Experience

NYS Professional

License or

Certification

Project Manager (Geotechnical Engineering) 7 PE

Senior Geotechnical Engineer 7 PE

Junior Geotechnical Engineer 4

Draftsperson/CAD 2



Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (HVAC Engineering) 10 PE

Project Manager (HVAC Engineering) 7 PE

Senior HVAC Designer 7

Junior HVAC Designer 5

Senior Fire Protection Designer 7 PE

________________________________________________________________________________________________________________________


Junior Fire Protection Designer 5





Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (Electrical Engineering) 10 PE

Project Manager (Electrical Engineering) 7 PE

Senior Electrical Designer 7

Junior Electrical Designer 5

Fire Alarm Specialist 7





Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (Plumbing Engineering) 10 PE

Project Manager (Plumbing Engineering) 7 PE

Senior Plumbing Designer 7

Junior Plumbing Designer 5





Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (Communication

Engineering)

10 PE

Project Manager (Communication

Engineering)

7 PE

Senior Communication Designer 7 PE

Junior Communication Designer 5





________________________________________________________________________________________________________________________


Number of Years of

Experience

NYS Professional

License or

Certification

Senior Lighting Designer 5 LEED AP

Draftsperson/CAD 2



Number of Years of

Experience

NYS Professional

License or

Certification

Senior Landscape Architect 10 RLA

Junior Landscape Architect 5

Senior Landscape Architectural Designer 7

Junior Landscape Architectural Designer 4

Draftsperson/CAD 3



Number of Years of

Experience

NYS Professional

License or

Certification

Senior Sustainability Consultant 5 LEED AP

LEED Specialist 5



Number of Years of

Experience


or Certification

Project Manager/ Senior Coordinator 5



Number of Years of

Experience


or Certification

Specification Writer 5



Number of Years of

Experience


or Certification

Senior Estimator 10

Junior Estimator 3



________________________________________________________________________________________________________________________


Number of Years of

Experience

NYS Professional

License or

Certification

Project Engineer (Traffic Engineering) 10 PE

Senior Civil Engineer 5


Engineering Technician 3

Draftsperson/CAD 3



Number of Years of

Experience


or Certification

Code Specialist 10



Number of Years of

Experience


or Certification

Community Relation Liaison 5



Number of Years of

Experience


or Certification

Senior Security System Designer 5

Junior Security System Designer 3



Number of Years of

Experience


or Certification

Senior Acoustic Designer 7

Junior Acoustic Designer 5



Number of Years of

Experience


or Certification

Senior Blast, Impact & Physical Security

Designer

7

Junior Blast, Impact & Physical Security

Designer

5



________________________________________________________________________________________________________________________


Number of Years of

Experience


or Certification

Senior Interior Designer 5 ASID

Junior Interior Designer 3

CURTAIN WALL/ BUILDING ENCLOSURE DESIGN SERVICES:


Number of Years of

Experience


or Certification

Senior Curtain Wall/ Building Enclosure

Designer

7

Junior Curtain Wall/ Building Enclosure

Designer

5

________________________________________________________________________________________________________________________


EXHIBIT F

PROJECT OBJECTIVES

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Exhibit - F: Project Objectives

City of New York Department of Design and Construction

FMS ID: PO79ROD PROJECT TITLE: NYPD Firearms and Tactics Facility SITE LOCATION: Rodman’s Neck,

Pelham Bay Park, Bronx, NY 11220

DATE: April 28, 2017 CONSTRUCTION BUDGET: $192,000,000

1. PROJECT OBJECTIVES:

A. The prime objective of this project is to design and construct new buildings and structures to

replace or augment the existing facilities at the Rodman’s Neck Firearms and Tactics Facility for the New York City Police Department (NYPD). The new facility will provide critically needed program

spaces that will fortify the NYPD’s complete training mission. The program includes, but is not limited to, the following components: (1) Recruit and In-Service Instructional spaces, (2)

Administrative Offices, (3) Lecture Environments, (4) Tactical Village Environments, (5) Firearm

Ranges, (6) Food Services, (7) Ammunition Storage, (8) Parking Areas, (9) Exterior Site Improvements, and (10) Site Infrastructure.

B. Interior space will comprise approximately 52,000 square feet. Fully-baffled outdoor firing ranges

totaling 175,000 sf will provide 260 firearm-shooting points. Included in the 260 shooting points will be a 25 point range dedicated for use by the New York City Department of Correction (DOC) for

training, A 45,000 sf partially-baffled outdoor ten-point rifle range is included. A new tactical village

of diverse structures will total approximately 48,000 sf of interior space. Exterior tactical program space will provide 60,000 sf of streetscapes scenario training. Expanded parking areas are included

along with new entry gates, a 700 sf security gatehouse, and a widened access road allowing vehicle inspection within Pelham Bay Park.

C. Site wide infrastructure upgrades are required, including utilities for electricity and natural gas, data and communication, internal vehicular roadways and pedestrian pathways, water service and

sanitary sewer, storm water management and flood mitigation measures. The project shall incorporate sustainable design principles in compliance with Local Law 86.

D. The redevelopment of the Rodman’s Neck facility was outlined through a Capital Project Scope

Development study that serves as a general guide to the project. The findings and proposals of that

study for redevelopment are proposals only and the Consultant is required to validate all decisions made, propose independent solutions, and strive to provide alternatives that provide improved

efficiency and cost effectiveness.

E. The CPSD study is inclusive of program requirements for NYPD and DOC operations. This project will

include only program requirements for the NYPD, with the exception of one dedicated 25 point

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range for DOC use. This dedicated range will be built to the same specifications as all other outdoor,

fully-baffled ranges.

F. This project is for training and administrative facilities for NYPD Firearms & Tactics Section only. Co-

located at this site are facilities for the Department of Correction and NYPD’s Bomb Squad Unit. The design of this project will consider existing and proposed facilities which will remain at this site.

G. Reduction of noise levels on site and in surrounding neighborhoods is to be achieved. The design of

the ranges will be required to provide sound reduction so that gunfire is in the range of ambient noise in adjacent neighborhoods.

2. NYPD RODMAN’S NECK TRAINING FACILITY BACKGROUND

A. Commencing at the start of the First World War the Rodman's Neck 48.7 acre site has been continuously utilized by federal, state and city agencies for military and police functions. From 1930

through 1936, it was used by the New York City Police Department as an outdoor training site for its

police academy, and from the end of the Second World War through the mid-1950's, the site served as an anti-aircraft base and radar fire control center of the United States Army.

B. Since 1959 the NYPD and other law enforcement and public safety agencies including numerous

federal, state and municipal entities, have used the site as an outdoor firing range, training facility and bomb detonation area, and for other law enforcement related purposes. Currently the NYPD

conducts firearms and tactical training as well as bomb detonation for recovered ordnance, the DOC

uses the facility for firearms training. In addition to 4,000 NYPD recruits each year, the training facility also oversees annual re-qualification, and continuing education training for 30,000 active

duty officers.

C. At present, the training facility is a conglomeration of temporary structures, modular units and a

scattering of permanent structures. The modular facilities are used for classrooms, simulation training, administrative offices, weapons cleaning, locker rooms, equipment distribution, firearms

repair, ammunition storage, food services, and restroom facilities. Thirty storage containers are used for equipment and records storage. Six outdoor firing ranges are used for firearms training.

The existing ranges consist of a wood frame shed for shooter locations and stationary targets

downrange. The bullets fired within the range are captured by large earthen berms requiring constant hazardous material remediation to clear the berms of spent ammunition. This cyclical

remediation requires the ranges to be taken out of service resulting in reduced training capacity.

D. The portions of the site associated with the NYPD Bomb Squad and structures currently used for NYPD tactical training and simulated training scenarios along with additional existing modular

structures used by both NYPD and DOC determined to remain through findings of the Schematic

Design Phase are excluded from this project other than allowances for and connections to site and infrastructure upgrades. The balance of the site south of the chain link perimeter fence separating

the site from the remainder of Pelham Bay Park is included in the project.

3. APPROACH:

A. All required work shall be in accordance with the following:

1. the Project Objectives 2. the Design Consultant Guide

3. the NYPD Design Standards 4. all applicable local, state, and federal laws, rules and regulations, including without limitation,

the New York City Building Code, Local Laws 86, 31, and 32 and the Americans with Disabilities

Act, New York City Electrical Code, New York State Energy Conservation Construction Code, New York City Fire Code, National Fire Protection Association, New York City Mechanical Code,

ASHRAE standards, and New York City Plumbing Code.

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In the event of any conflict between the Project Objectives and the Design Consultant Guide, the

Project Objectives shall prevail.

B. The Consultant shall perform all work in conformance with all provisions of the contract and the

latest DDC “Design Consultant Guide” and “Design Consultant Guide Appendix”. The Consultant shall use DDC’s Mission Statement as the guiding principal: “To deliver the City’s construction

projects in a safe, expeditious, and cost-effective manner, while maintaining the highest degree of architectural, engineering, and construction quality”.

C. The Consultant shall obtain and evaluate all existing DDC, NYPD, DOC, Department of

Environmental Protection (DEP), and Department of Buildings (DOB) documentation, as well as

documentation from other relevant agencies. This information is provided as reference only. The Consultant is expected to perform all investigations as necessary to fully inform the project with

independent professional judgment.

D. Hazardous Materials: The CPSD conducted an Environmental Site Assessment and Investigation.

As a result of such assessment, various hazardous materials were identified on the site. DDC shall provide assessment data and findings regarding hazardous materials to the Consultant. The

consultant shall review all such documentation and determine if additional testing is required based on the data and report provided. The DDC shall provide through its Office of Geotechnical and

Environmental Services (OEGS) provide additional testing, reporting, construction documents and specifications that describe the scope of work for hazardous material remediation. The consultant is

required to coordinate this hazardous material remediation documentation into the construction

documents and specifications prepared for bid.

E. The Consultant shall conduct all necessary interviews and meetings with the NYPD and DDC staff to realize the project objectives.

F. The Consultant will receive the NYPD Rodman’s Neck Training Facility Capital Project Scope Development (CPSD) study created by Rice+Lipka Architects, dated July 2016 with amendments

dated March 2017. The study outlines the general program requirements and describes the functions and relationships within the training facility. Creation of program groupings extrapolated

from the detailed program and in cooperation with the NYPD and DDC will be part of the Schematic

Design Phase with subsequent refinement as determined and accepted by all stakeholders. Critical to this task is verifying the decisions of which program elements must remain in existing facilities

due to budget limitations. The consultant is expected to approach this decision making process free of the determinations assumed in the study and in full consultation with NYPD and DDC.

G. The Consultant will be required, as part of basic design services, to participate in at least one value

engineering study and workshop as described in the Design Consultant Guide. This includes

providing all required data and documentation, attending meetings, and modifying the construction documents as required. If DDC directs the Consultant to participate in more than one value

engineering study for the Project, such services shall be considered Additional Professional Services.

H. This project will require the filing of applications in regards to all applicable regulations in reference

to environmental permitting. The Consultant shall also investigate all applicable local, state, and federal codes and provide a complete analysis of applicable codes and guidelines, including but not

limited to, NYC Building Code, NYC Zoning Resolution, Department of Environmental Protection, and U.S. Fish & Wildlife Service regulations.

I. The Consultant shall analyze during the Schematic Design Phase the detailed program in the CPSD

study and develop proposals with alternative design concepts as directed in the Design Consultant

Guide and these Project Objectives incorporating phasing of construction that permits NYPD to maintain operations at the site throughout the construction period.

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J. The Design shall provide for the protection of the public and the environment, and take into account

the Best Management Practices Design Standards set forth in the New York State Department of Environmental Conservation Stormwater Management Design Manual.

K. The Project will be required to achieve LEED (Leadership in Energy and Environmental Design) Silver rating certification under the provisions of Local Law 86. All tasks, submittals, and any filing,

and registration to ultimately meet this standard and receive certification shall be part of the Consultant’s work to the extent possible within the parameters of the development of the Project.

The Consultant shall take into account the LEED Campus Guidance published by the USGBC (United States Green Building Council).

L. Representatives of the NYPD shall participate in all phases of the project’s development and shall review the Consultant’s submittals throughout the Schematic Design, Design Development, and

Construction Document Phases.

M. NYPD will coordinate with representatives of the DOC in consideration of their existing structures to

remain, proposed construction, and the potential for infrastructure and utility connections. NYPD will provide all client agency design direction.

N. The Consultant shall provide all Design Services required for the project. The Consultant shall

provide these services either through subconsultants retained by the Consultant, or through its own qualified personnel. Such services shall include, without limitation, the disciplines set forth in Exhibit

C.

O. The Consultant will be required to use a Building Information Modeling program (Revit or similar) for

the project. DDC also expects the consultant to use a document management system for the project. The Consultant must be thoroughly familiar with the use of these systems.

P. Design phase working models are considered part of basic services. Preparation of presentation models is considered a Reimbursable Service. The scope and cost of presentation models must be

approved by DDC prior to their execution and will become the property of the City of New York.

4. SCOPE OF WORK:

A. GENERAL

1. The Consultant shall provide (1) Services for Design Documents, (2) Services for Construction

Documents, and (3) Services during Construction. Services provided by the Consultant shall be in accordance with these Project Objectives, as well as all requirements for execution of the

work and preparation of deliverables, as specified in the Design Consultant Guide, Exhibit G,

unless otherwise specified.

2. Any task or service to be provided by the Consultant, as specified in these Project Objectives and/or in the Design Consultant Guide, shall be deemed to include all necessary and usual

components and/or ancillary services in connection with the specified task or service.

3. The Consultant may be directed to perform Additional Professional Services. Additional

Professional Services are professional services which the Commissioner determines are required

for the Project and are in addition to or beyond the necessary and usual services in connection with design services.

4. If the Consultant believes that any service it has been directed to perform constitutes an

Additional Professional Service, the Consultant shall notify the Commissioner in writing within five (5) business days of such direction. The Commissioner's determination as to whether or

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not such service constitutes Additional Professional Service shall be final, conclusive and binding

upon the Consultant.

5. This project will require approval of the Public Design Commission (PDC). In addition to the

presentations for Preliminary and Final approvals, as indicated in the Design Consultant Guide, presentation to the PDC for Conceptual Approval is required. Refer to the DCG and the PDC

website for submission requirements. Conceptual submission is considered an additional service and the Consultant will be compensated. Should the PDC not accept the initial conceptual,

preliminary, and or final submission, the Consultant will be compensated for additional submissions necessary to obtain approval.

6. This project will be subject to a feasibility study conducted by a construction manager to determine if the project will be bid under the Project Labor Agreement (PLA) or as multiple

trade contracts in conformance with Wicks Law. Preparation of all construction documents in compliance with the requirements of either of these two different bid formats is considered part

of basic services.

7. The facility will remain operational during construction. The layout and systems for construction

of the ranges will take continued operational need into account. The Consultant is required to provide phasing documentation.

8. The following documents shall be provided by DDC to the Consultant:

a. Topographical and Property Line maps as specified by the Consultant.

b. Subsurface information including borings, probes, and special tests as requested for specified test locations identified by the Consultant.

c. Hazardous Materials Findings.

B. ARCHITECTURE

1. During Stage II of the Schematic Design Phase, the Consultant shall present a minimum of

three significantly different design options for the development of the site and structures. The Stage II submission shall include an analysis of the designs presented with technical and

economic evaluations and comparisons. The Consultant will recommend one scheme

enumerating the reasons for it being the best, most suitable, and economical for the project. The submission will provide a record of all design issues raised during this phase included along

with their resolution and with the appropriate cost estimates. Rejection of schematic design variations that had been considered by the Consultant shall be explained. Following the

selection of the preferred schematic option by the NYPD and DDC, that Schematic Design option shall be further developed in Stage III as the focus of the Schematic Design Phase.

2. As part of the Schematic Design Phase, the Consultant shall work with the project team to create detailed spatial and functional relationships that will locate and explain all activities on

the site and between the structures. The Consultant will be given detailed space and function programs in the CPSD report and will be expected to review them and confirm their feasibility

and acceptability from the following points of view: economic, function, environment, security,

and health and safety.

3. Design Considerations: a. The Consultant shall evaluate the detailed program based on the CPSD report. The detailed

program is provided for program area allocation and functional relationships only; it does not imply any particular design solution. The Consultant must verify all program

requirements, coordinate, and finalize programming with the NYPD.

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b. Issues of security, privacy, noise mitigation, parking, visibility, travel routes (vehicular and

pedestrian), and public safety, will all play critical roles in the resulting development of the training facility.

c. The Consultant shall review data from the CPSD study and perform independent verification of site conditions including, but not limited to, the following existing physical aspects of the

site: building scale, sightlines into and outward from the site, pedestrian and vehicular traffic patterns, flight paths of LaGuardia Airport, bodies of water, use of adjoining parkland,

site boundaries, utility capacities, and the physical condition of streets, internal roads and pedestrian paths.

d. The Consultant will incorporate current standards for firearms and tactical training, specifically addressing the current and future training methods and needs of the NYPD.

4. Design Objective

In developing the Schematic Design for the NYPD Firearms and Tactics Facility, the Consultant

shall fulfill the following objectives:

a. Accommodation of program elements including:

1. Tactical Village and Specialized Streetscape Environments for scenario-based instruction.

2. Eight Firing Ranges, including the rifle range.

3. Classroom Building and support spaces – including offices for administration and the Commanding and Executive Officers, video simulation classrooms, special weapons

classrooms, lecture rooms, mess hall, restrooms, sign-in, inventory, ammunition storage, maintenance and mechanical rooms.

4. Incorporation of structures identified to remain on the site.

5. Site Access and Circulation, including Vehicular, Pedestrian, and Service components. 6. Parking as required to adequately meet the loads imposed by the facilities.

7. Provision of site wide utility infrastructure. 8. Exhibit ‘F’ indicates program elements identified by NYPD, both new construction and

existing structures to remain. The Consultant is responsible to analyze and verify all

proposed program elements.

b. Provision of blast resistant structural systems and envelope as deemed appropriate or required during the schematic design phase.

c. Inclusion of design principles intended to increase storm and flood resilience in both the site and the structures.

d. Prioritization of DDC’s Guiding Principles of Growth, Equity, Sustainability, and Healthy

Living. e. Provision of discrete zones of use with attendant security and accessibility restrictions.

f. Provision of Universal Access. g. Application of principles of sustainability in the overall design and future operation of the

site and its buildings that comply with Local Law 86 (LEED Silver).

h. The ability to anticipate change and plan for flexibility.

5. If needed, additional borings and site surveys will be supplied by DDC at the Consultant’s request, at no cost to the Consultant.

6. The existing open outdoor firing ranges are to be replaced with baffled firearm ranges that will

mitigate noise pollution and reduce hazardous waste removal. The new ranges will utilize varied

tactical targeting systems with bullet traps to contain spent bullets at the ranges.

7. Site drainage and utility services must conform to current code and standards.

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8. Resiliency and flood mitigation are important considerations as the site was heavily flooded during Superstorm Sandy and falls within both the current and proposed floodplains. In

addition, the Consultant shall consider the potential for future sea-level rise.

9. The Consultant shall be particularly cognizant of the need for sound or noise mitigation in

respect to the firing ranges. Every effort shall be made to reduce the levels of noise reaching communities surrounding Rodman’s Neck to near or below that community’s ambient noise

levels.

10. The Consultant shall be responsible for the design of interior spaces. This includes the design of

all built-in furniture, millwork, cabinetry, and equipment necessary to the project. All built-in items shall be included in the design documents.

11. The Consultant will be responsible for the layout and selection of loose furniture that will be

procured by the NYPD. The Consultant shall provide assistance in connection with requisitions

and/or purchase orders for the procurement of loose furniture.

12. Upon acceptance of the Schematic Design submission by DDC and the NYPD, the Consultant shall proceed with the subsequent phase of Design Development. At all phases of design the

Consultant is responsible to assure the project remains within budget. If the estimate reveals the project has exceeded the budget amount, every effort to bring the project back in line with

the budget is part of basic services.

13. Upon acceptance of the Design Development submission by DDC and the NYPD, the Consultant

shall proceed with the subsequent phases of Construction Documents, providing all components of construction documentation as directed in the DCG.

C. GEOTECHNICAL SERVICES

During the Schematic Design Phase, the Structural Engineer shall evaluate the boring data to determine foundation systems suitable for this project site and the soil susceptibility to liquefaction

during an earthquake. The structural engineer shall propose foundation design requirements. A

Geotechnical Engineer must be engaged to prepare a comprehensive Geotechnical Report for the project.

Following are the minimum requirements for the Geotechnical Report:

1. The Consultant shall prepare a comprehensive geotechnical report for the Project.

a. Evaluate deep foundation requirements based on the borehole data provided, with

consideration given to the anticipated structural loads and reported subsurface conditions. Provide the type, length, allowable capacity and any other pertinent information required for

proper construction and design of the deep foundations. b. Evaluate the effects of seismic activity on the deep foundations.

c. Evaluate alternate infrastructure and foundation systems with technical and economical

comparisons. Then recommend appropriate type foundation systems for the proposed infrastructure and structure(s) and enumerate the reasons why they are the best, most

suitable and economical system for this project. Provide geotechnical foundation design and installation criteria.

d. Evaluate the use of foundation systems, including but not limited to, controlled modulus columns that minimize disturbance and disposal of soil from the site.

e. Present recommendations relative to the support and sub drainage of the slab on grade.

f. Discuss and present construction and post-construction dewatering methods and procedures.

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g. Estimate the post construction performance of the recommended infrastructure and

foundation systems. i. Evaluate the corrosion potential of the onsite soils on foundation concrete and utilities.

j. Discuss and present appropriate earthwork operations consistent with the recommended

site preparation and foundation solutions. k. Discuss and present proper methods and procedure for the development of pavement sub

grades. l. Provide a cost estimate of the various recommended systems.

2. The completed geotechnical report shall include, without limitation, the items set forth below.

a. Introduction

b. Project Description

c. Purpose and Scope of Work

d. Site Conditions

e. Method of Investigation

f. Results of Investigation and Testing

g. Recommendations and Conclusions

3. Prior to the submission of the completed geotechnical report, the Consultant shall provide a

preliminary report, highlighting the findings as well as a summary of the recommended foundation and structural systems proposed for the project.

4. The report shall be stamped with the seal and signature of the New York State Professional

Engineer who prepared and/or supervised the preparation of the report.

5. All procedures, recommendations, and conclusions shall be made in accordance with the New

York City Building Code requirements.

6. The Consultant shall deliver the report, typed on 8-1/2 x 11-inch size paper in bound book form.

The Consultant shall also deliver the report in electronic format.

D. SITEWIDE UTILITIES

1. The Consultant shall:

a. Provide new utilities sufficient to meet the anticipated programmatic needs of the project. b. Provide general direction to and order of magnitude of costs for repairs, upgrades, and

additions necessary to meet these needs. c. Address code compliance issues that exist.

d. Provide means to accommodate new requirements based on discussion with utility suppliers

and related regulatory agencies.

E. LANDSCAPE

The Consultant shall, through its Subconsultant for Landscape Architectural Design, provide

landscape architecture design services for the Project in accordance with all terms, conditions, requirements and procedures set forth in the Design Consultant Guide, Exhibit G, unless otherwise

noted in these Project Objectives.

The design shall include the scope of work as described in these objectives, design requirements given by NYPD, and as further developed in the Schematic Design Phase. The Consultant will

produce all related site design and contract documents. These site design and construction

documents shall:

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1. Make note of and respond to the geotechnical conditions of the site as they relate both to any

structural requirements and construction activity. Pay particular attention to the physical capacity to support construction activity safely at all phases of this project; and thereafter to

support the activities and use areas envisioned.

2. Make note of, and shall be responsive to, the existing surficial characteristics of the site,

including: a. Topographic and stormwater drainage (and stormwater drainage structures’) conditions.

b. Locations, condition, sizes and capacities of all utilities – both above ground and subsurface. c. Locations, extent, and types of materials comprising all outdoor structures, road surfaces

and curbs, sidewalks, parking areas, fencing and gates, site furnishings, stairs, and site

security lighting. d. Locations or extent of all existing vegetation, including calipers, sizes, identification of

species, general horticultural or botanical health, expected lifespan, and whether canopy or understory.

3. Be compliant with the regulatory requirements of all entities and agencies having jurisdiction, including without limitation, NYCDPR, NYCDEP, NYCDOB, and NYCDOT.

4. Examine opportunities to provide such sustainable site features and materials as high-albedo

pavement, permeable pavement, recycled materials, and additional plant materials, including deciduous canopy trees to:

a. Reduce the urban heat island effect and corresponding energy loads; and

b. Reduce solar gain on south-facing and west-facing façades

5. Provide enhanced designs for hierarchically organized pedestrian and vehicular circulation and access within the site.

6. Provide ADA accessibility that meets all current standards – including those for ramps, stairs, light levels, and signage.

7. Provide grading so as to manage surface runoff away from the structures. Evaluate and

improve project-related stormwater runoff collection and drainage, as required.

8. Protect existing trees, including those trees that may become proximate to, or surrounded by:

[a] Demolition and construction operations; and [b] Construction stockpiling and staging areas.

9. The Consultant shall provide complete construction documents for the above items with graphic representation and written documentation, which shall be of sufficient clarity to indicate the

entire nature and extent of the proposed Landscape Architectural construction work. These

documents shall conform to: [1] the latest standards of NYC Agencies having jurisdiction; and [2] the requirements in the current edition of the DDC Design Consultant Guide – and which

shall include:

a. Site borings and geotechnical information.

b. Site demolition and removals documents. c. Site grading and site storm drainage documents – to include erosion and sedimentation

controls as needed. d. Site materials and dimensioning documents – to include any furnishings the budget permits.

e. Site planting documents – to include a fully developed plant materials schedule. f. Site lighting

g. Site detail documents, as required, at the Schematic, Design Development, and Construction

Document phases.

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F. STRUCTURAL

The Consultant shall, through its Subconsultant for Structural Engineering Design, provide structural

engineering design services for the Project in accordance with all terms, conditions, requirements

and procedures set forth in the Design Consultant Guide, Exhibit G, unless otherwise noted in these Project Objectives.

The design shall include the scope of work as described in these objectives, design requirements

given by NYPD, and as further developed in the Schematic Design Phase.

Steel and concrete design shall conform to the latest structural steel and concrete codes,

respectively AISC and ACI Codes.

1. General Criteria

a. The Schematic Phase submission shall include analysis of alternative structural systems with

technical and economic evaluations and comparisons. The Consultant shall recommend one scheme enumerating the reasons why it is the best, most suitable, and economical for this

project. Alternative system investigation shall focus on structural material type, framing configuration, and compatibility with architectural and all engineering discipline schemes.

b. Both foundation and superstructure systems shall be designed to meet all structural integrity, serviceability and appearance criteria as set forth in the building codes and as

outlined in the Design Consultant Guide. Serviceability criteria include floor and roof

vibrations, deflections, floor to floor drift and water tightness. The structural design shall provide for crack control and resistance to corrosion. The design shall correct for, or

eliminate, any detrimental effects of anticipated settlement. c. The structural design shall provide for blast resistance to the extent deemed required in the

schematic design phase.

d. Design documents prepared by the Subconsultant for Structural Engineering Design shall accurately show all major openings through structural walls, roofs, floors, etc., with the

necessary dimensions and framing on the contract drawings. e. While meeting all strength and serviceability criteria, the design is expected to be

economical.

f. As the proposed structure is located in a flood zone, it shall comply with the provisions of ASCE 24-05, FEMA 543; and all structural materials shall be specified such that they are

protected from the corrosive marine environment. g. All exposed structural materials (steel and concrete) shall be specified such that they are

protected from the corrosive environment. h. Structural items required for site development, such as retaining walls, exterior steps, pits,

support for fuel oil tanks and similar items, shall be designed and detailed by the

Subconsultant for Structural Engineering Design. i. The structural engineering design shall comply with the seismic provisions of the New York

City Building Code. j. The structural design shall provide for the proper fire protection of all structural materials

specified.

k. Exterior cladding and glazing shall be designed to resist hurricane wind loads and other impact loads defined by physical criteria to be provided by NYPD.

l. For the concrete specifications, conform to the CSI format providing separate specification sections for each building material.

2. Foundation Design

a. The Subconsultant for Structural Engineering Design shall evaluate the Geotechnical Engineering Report and the boring data to determine the most suitable and economical type

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of foundation. This type of foundation shall then be designed, detailed and specified on the

structural drawings and specifications. b. The Subconsultant for Structural Engineering Design shall evaluate the boring data to

determine ground water conditions. The design shall minimize or avoid excavation below

the high ground water table. If the Consultant recommends waterproofing, all pertinent waterproofing details shall be shown on the structural drawings. The testing method for

waterproofing shall be specified. c. All site structures and utility lines where settlement could have detrimental effects on facility

operations, health and safety shall have adequate foundation support. d. Structural items required for site development, such as retaining walls, exterior steps, pits,

support for fuel tanks and similar items, shall be designed and detailed by the structural

engineer. e. Where soils are unsuitable for supporting slab on grade, such floor systems shall be

structurally framed and supported on foundations or on compacted controlled fill of sufficient depth to eliminate detrimental settlement.

f. When piles are required, they shall be designed for any negative skin friction from actively

consolidating soil.

3. Structural Design

a. The structural design drawings shall indicate clearly the live loads and equipment loads for which each floor area is designed and shall also indicate such stress information as may be

required for the development of all members and for the detailing of all connections. Total

cumulative loads at the base of each column shall be indicated on the column schedule. b. A minimum compressive strength for structural concrete of 4000 psi shall be used. All

concrete exposed to weather or soil shall be air-entrained. c. The concrete specifications shall indicate the optimal level for slump, water cement ratio,

admixture, etc. and shall comply at a minimum with the latest ACI publication on Durability

of Concrete. d. Masonry parapets and other masonry wall elements, requiring structural reinforcement,

shall be designed and detailed by the Subconsultant for Structural Engineering Design. e. The Consultant shall submit a comprehensive set of structural design calculations, including

any working drawings that may be required to support the findings. These drawings shall

show detailed stress analysis of component parts of the foundation and superstructure members. The design notes shall be arranged in a logical sequence, with sheets numbered

and properly indexed. The set shall consist of the original design notes, or a suitable reproduction thereof, made by the Subconsultant for Structural Engineering Design.

G. MECHANICAL

The Consultant shall, through its Subconsultant for H.V.A.C. and Fire Protection Design, provide H.V.A.C. and Fire Protection design services for the Project in accordance with all terms, conditions,

requirements and procedures set forth in the Design Consultant Guide, Exhibit G, unless otherwise noted in these Project Objectives.

The design shall include the scope of work as described in these objectives, design requirements given by NYPD, and as further developed in the Schematic Design Phase.

1. General Criteria

a. In the schematic design phase, the Consultant shall submit analyses of at least three

suitable schemes for heating, ventilation, and air conditioning as applicable for the

different program elements. Each scheme shall include possible equipment locations, specific indoor temperature, design features, estimated first cost, annual operating and

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maintenance cost, advantages / disadvantages of each scheme, including the

recommended scheme. The prioritized and feasible recommendations shall be made with accompanying cost estimates. The report will be reviewed by the NYPD and DDC, who will

make the final selection for the design, including any recommended modifications to be

incorporated by the Subconsultant for H.V.A.C. and Fire Protection Design.

b. The Consultant shall design the HVAC control system with direct digital controllers and a BMS that will monitor the entire HVAC and Fire Protection system and be compatible with

current systems used by NYPD. The control system shall incorporate all energy conservation measures required. A description of the automatic temperature control

system with the sequence of operation shall be included in the design development

documents.

c. All HVAC equipment shall be selected and designed for minimum vibration and low noise level. Any equipment generated noise shall be kept to a minimum, well under the

acceptable NYC Building Code levels. Sufficient space shall be provided for all mechanical

equipment rooms and the consultant shall investigate the proposed location for all new equipment based on structural loads, noise, vibration, and maintenance space as needed.

d. The Consultant shall provide for associated equipment such as fuel oil storage tank, day

tank, fuel oil pumps, piping, automatic controls, engine room ventilation and exhaust system for the emergency generators.

2. Heating System:

The heating system shall be capable of maintaining the minimum specified temperature in all areas. The Consultant shall provide computerized heating load calculations. Heating load

variations for different architectural/ lighting schemes shall be analyzed outlining the equipment

sizes.

3. Ventilation and Exhaust System:

The Consultant’s design shall provide the following:

a. Mechanical ventilation as directed by applicable Building Code requirements and good

design practice. Primary building air supply shall be provided by two or more fan units to eliminate single dependency. Air intake shall be above the first floor, with heating and

freeze-proof preheat coils to temper all outside air.

b. Mechanical ventilation shall be provided for all firing ranges in accordance with requirements

set by the tactical design sub-consultant.

c. Smoke purge fan with all associated ducts, controls to selectively exhaust air from any of the occupied spaces during a fire condition. Activation shall be at the Fire Command

station.

d. Year-round mechanical ventilation for all areas not air conditioned such as service closets,

janitor rooms, storage rooms, mechanical rooms, and all other areas required by NYPD. Motors shall be high efficiency and designed to accommodate variable speed drives when

required. Provide duplex exhaust fan for UPS battery rooms. All exhaust and ventilation shall be connected to a stand-by generator.

13

4. Air Conditioning System:

a. Air conditioning shall be provided in the academic building, only exhaust ventilation is

required for the firing ranges and the tactical village. The Consultant shall provide cooling

load calculations as required for chillers, cooling towers, pumps, piping, controls, primary electrical power sources, and UPS units. Consideration shall be given to zoning to facilitate

the various hours of occupancy required.

b. The Consultant shall provide temperature control systems to maintain suitable temperature and humidity throughout the buildings. The use of energy management system shall be

included in the analysis as an alternative. The Consultant shall provide independent air

conditioning units to both computer (LAN) and telephone rooms with back-up power from emergency generators.

5. Fire Protection

a. The Consultant shall provide fire protection systems compatible with each architectural and air conditioning design scheme. The design shall comply with all NYC Building Department,

Fire Department regulations, and NFPA.

b. The design shall provide for: i. All HVAC related fire protection devices such as heat/smoke detectors, fan shutdown

and alarm as required.

ii. Fire protection as mandated by the administrative code.

H. ELECTRICAL

The Consultant shall, through its Subconsultant for Electrical Design, provide electrical design

services for the Project in accordance with all terms, conditions, requirements and procedures set forth in the Design Consultant Guide, Exhibit G, unless otherwise noted in these Project Objectives.



The electrical work shall include studies of the electrical systems for the project, including study

worksheets, calculations, drawings, specifications, catalog data, etc.

The work shall include, at a minimum, the following systems:

1. The Consultant shall survey the existing electrical service and distribution of the Project site and

determine the actual electrical consumption in relation to the service capacity and rating. 2. The Consultant shall determine the projected electrical loads for the Project and calculate

connected and demand electrical loads 3. Future planned loads shall be taken into consideration and shall be accounted for

4. Based on the above, the new Con-Edison service shall be designed as required inclusive of Con-

Edison Load Letter and associated approvals 5. The Consultant shall design a new electrical configuration for the Project inclusive, but not

limited to: a. Electric utility services, including power transformers, etc

b. Engine-generator systems with bypass-isolation switchgear, automatic transfer switches, etc c. Main Service Distribution Switchgear shall be in a Code compliant Switchgear Room

d. Local switchboards and panels

e. Feeders and protective devices

14

f. Branch circuiting for indoor, outdoor and security lighting systems, various power outlets,

mechanical equipment, plumbing/sprinkler equipment, kitchen equipment, offices and classrooms, and all other electrical power consumers.

g. Uninterruptible power supply (UPS) systems and their attendant battery systems, chargers,

etc h. Direct Digital Control Systems

6. The telephone/data and security systems design shall include back boxes, empty conduits with drag lines and power supplies and shall be based on respective architectural drawings unless

otherwise directed 7. Security and alarm systems, which include a building-wide card access system, capable of

biometric identification, and an ip-based CCTV system

8. Include public address and communication systems 9. The site is in a FEMA designated flood zone and was severely affected by Superstorm Sandy.

The Consultant is to evaluate existing electrical equipment to remain requiring connection to the new site service and submit recommendations for replacement or reconditioning of the affected

electrical equipment.

10. The electrical design shall comply with FEMA regulations. 11. Lighting design shall be based on the New York City Energy Conservation Code provisions

inclusive of all necessary ComCheck calculations and drawings 12. Fire Alarm.

a. The Consultant shall design fire detection and alarm system(s). b. The system(s) shall include, but shall not be limited to:

i. Fire Alarm Control Panel

ii. Area smoke detectors iii. Heat detectors

iv. Carbon-monoxide detectors v. Speakers, strobes, speaker/strobes and/or horn/strobes

vi. Pull stations

vii. Water flow switches viii. Tamper switches

I. PLUMBING



The Consultant shall, through its Subconsultant for Plumbing Design, provide plumbing design

services for the Project in accordance with all terms, conditions, requirements and procedures set forth in the Design Consultant Guide, Exhibit G, unless otherwise noted in these Project Objectives.

The required services include the items listed below.

1. Provide complete sanitary and storm water system, including new storm water retention or detention system, or both, to control storm water flow. Control of storm water flow shall be in

accordance with the Department of Environmental Protection (DEP) guidelines and

requirements. Any plumbing fixtures or storm water drainage which cannot be conveyed by gravity out to the street sewer shall be piped to a duplex sewage ejector pump pit or duplex

sump pump pit. The discharge shall then connect into the gravity system. For both, a potential parking structure or, alternatively, surface parking, a sand/oil/water separator for all drains

conveying run-off to the storm water or combined sewer system is required.

15

2. Provide incoming combination domestic water and fire services including water meters and

backflow preventers for each system. Provide a complete domestic water distribution system to all plumbing fixtures and to any equipment required to receive water, including equipment

specified under another contract.

3. Provide a complete hot water distribution system to all plumbing fixtures and equipment

requiring hot water, including, but not limited to, duplex gas fired hot water storage heaters, hot water and recirculation piping, circulation pumps and controls. Showers shall have master

thermostatic mixing valves limiting delivered water temperature. Where water temperature requirements exceed 140 degrees, provide hot water boosters.

4. Provide incoming gas service and meter, located in a dedicated room inside the building if permitted by code. Include distribution piping to gas fired operated plumbing and mechanical

equipment. Provide gas boosters if the street pressure does not meet minimum gas pressure to any gas fired equipment. Provide gas regulators if gas pressure exceeds maximum allowable

gas pressure to any gas fired equipment.

5. Provide insulation on all domestic cold water, hot water, hot water circulation piping and

horizontal storm water piping. Include electric heat traced piping and other piping systems and appurtenances that are subject to freezing conditions.

6. Provide all new plumbing fixtures, accessories, all related piping and all necessary plumbing

work in toilets, bathrooms, showers, kitchens, janitor’s closet, floor drains, and where ever else

required.

7. Provide plumbing fixtures and accessories as required under the provisions of the Americans with Disabilities Act (ADA).

8. Provide self-contained electric water coolers and all associated plumbing work as required.

9. Provide exterior hose bibs (non- freeze type) for ground maintenance operations and in parking areas, for wash-down or other maintenance operations.

10. Provide for plumbing work for all water cooled HVAC equipment. Provisions shall also be made for the disposal of condensate from cooling equipment as required.

11. There is an existing fueling system, if it is determined through the Schematic Design Phase to

be removed, provide a new vehicle fueling system including fuel storage tanks, fuel dispensers, leak monitoring systems and fire suppression systems.

J. SUSTAINABLE DESIGN

The project is part of an unusually sensitive site with immeasurable value to the ecology, economy and safety of New York City. Resilient, sustainable building and site design practices that raise

performance standards above code and local law requirements shall be integrated into this project.

1. Environmental Review At a minimum, meet all federal, state and local laws and policies governing the property.

Applicable federal laws and policies may include but are not limited to the following: a. Clean Air Act

b. Endangered Species Act c. National Environmental Policy Act

d. Federal Water Pollution Control Act (Clean Water Act)

e. Coastal Barrier Resources System Act f. Resource Conservation and Recovery Act

16

Applicable state and local laws and policies may include but are not limited to the following:

a. Local Law 86-2005: NYC Green Buildings Law– see below (#3) b. Local Law 96-2013: NYC Flood Map Law

c. Local Law 6-2016: NYC Geothermal Law

d. Local Law 66-2014: NYC Greenhouse Gas Emissions Reduction Law e. NYC DEP Green Infrastructure Plan (2011) and Contingency Plan (2016)

f. One City: Built to Last (2014, 2016 Update) and NYC’s Roadmap to 80x50 (2016) g. PlaNYC Vision 2020 Comprehensive Local Waterfront Plan (2011)

h. PlaNYC Wetlands Strategy (2012) i. PlaNYC A Stronger, More Resilient New York (2013)

j. PlaNYC Clean Waterfront Plan (2014)

k. NYS DEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (“MS4,” 2015)

l. New York General Business Law §150 - Article 10 (150) Shooting Ranges (2012)

2. Environmental Objectives

Implement a comprehensive environmental strategy for site development, construction and use. At a minimum, consider design strategies that address the following:

a. Flood mitigation and resiliency; utilize NYC Department of City Planning’s Flood Hazard Map’s(http://dcp.maps.arcgis.com/apps/webappviewer/index.html?id=1c37d271fba14163bb

b520517153d6d5) future (based on the design life of the project) flood levels and high tides projected under the 50% probability scenario.

b. Noise

c. Views to site d. Bird migration

e. Light pollution f. Urban heat island effect

g. Stormwater and contamination flow management (see CPSD report)

h. Transportation demand management i. Waste storage and removal, including containment and disposal of vehicular fluids

j. Building orientation and protection from solar and wind exposure k. Erosion and sedimentation control

l. Wetlands restoration

m. Lead management n. Energy conservation

o. Indoor and outdoor air quality p. On-site renewable energy

3. Local Law 86 - 2005

a. The scope of work shall meet Local Law 86 (LL86) requirements

(www.nyc.gov/html/oec/html/green/green.shtml) and include the sustainable design services defined in the DDC Design Consultant Guide and LEED Project Timeline

(www1.nyc.gov/assets/ddc/downloads/Sustainable/timeline-local-law-projects.pdf). b. Develop a comprehensive site and building design strategy to meet the required level of

LEED certification and minimum energy use reduction threshold. At this time, the

requirement for this project appears to be LEED v4 Silver (see item 3j below) with a minimum 25-30% energy cost reduction relative to the NYS Energy Conservation

Construction Code applicable at time of filing with DOB (see item 4 below). c. Design services shall include all plans, energy models, analyses, projections and reports per

LL86 and/or the USGBC to indicate how the stated goals are expected to be reached. Services during construction shall include tracking and recordkeeping required to show

compliance with LEED.

d. Draft LEED Plan: At the beginning of Pre-Schematic Design Services, the Consultant shall prepare a draft LEED plan showing how the minimum LEED level and any additional

performance criteria will be achieved. This base plan, is to be updated with each phase of

http://dcp.maps.arcgis.com/apps/webappviewer/index.html?id=1c37d271fba14163bbb520517153d6d5

http://dcp.maps.arcgis.com/apps/webappviewer/index.html?id=1c37d271fba14163bbb520517153d6d5

http://www.nyc.gov/html/oec/html/green/green.shtml

https://www1.nyc.gov/assets/ddc/downloads/Sustainable/timeline-local-law-projects.pdf

17

design, shall be supported by an energy analysis plan proposing the modeling software

and/or other methodologies to be used to determine predicted energy performance, and a comparison of potential energy efficiency measures. Examples of a LEED plan and other

required deliverables can be viewed at www1.nyc.gov/site/ddc/about/sustainable-design-

forms.page e. LEED Design Workshop: Early in Schematic Design Services, the consultant shall organize

and facilitate an all-inclusive workshop to review and solicit comments and input on the drafts of the LEED plan and other deliverables.

f. Environmental Programming Matrix: During Schematic Design Services, the Consultant shall work with the client to develop an environmental programming matrix delineating the size,

occupancy and hours of use for each type of space planned for the project, as well as its

temperature, ventilation, lighting and acoustical parameters. g. LEED Construction Kickoff: Early in Construction Administration, the Consultant shall

organize and facilitate an all-inclusive meeting to describe the project’s sustainable design and construction requirements.

h. LEED Final Report: The Consultant shall submit to GBCI/DDC the LEED design credits no

later than early construction, when all design decisions have been finalized. Submittal of LEED construction credits may wait until preparation of the final commissioning report and

any additional measurement and verification reporting undertaken one year post completion of construction. The Consultant shall provide DDC with a final report, including finalized

versions of all LL86 deliverables. i. All concerned parties including Consultant, sub-consultants, construction manager,

contractor, commissioning agent, client agency and DDC shall participate in the workshop,

construction kick-off and other LEED strategy, tracking and compliance meetings to be held periodically throughout design and construction.

j. Registration under USGBC’s LEED v3 has expired as of 10/31/16 and all capital projects registered after this date will be required to achieve LEED v4 certification at the same

threshold as outlined by LL86.

4. NYC Energy Conservation Code

Meet the requirements of the Code applicable at time of filing with DOB (NYCECC 2016, as based on ASHRAE 90.1-2013, could be supplanted by time of filing for this project).

5. Commissioning

DDC will retain a commissioning agent for this project. The Consultant shall review, respond to and incorporate the commissioning agent’s comments and specifications into the project design.

6. Other sub-consultants a. The Consultant shall retain a sub-consultant to effectively administer LEED reporting for this

project as required by LL86, unless satisfactory in-house experience can be demonstrated. The Consultant or sub-consultant shall have experience with certifying projects of similar

scale and/or value under LEED v4.

b. If the continued use and renovation of any existing buildings is to be considered, the Consultant may be asked to provide an ASHRAE Level II Energy Audit to determine how

each building uses energy and identify potential energy conservation measures. This may require the engagement of a sub-consultant experienced in energy auditing.

7. 80x50 Goals Both existing building renovations and new construction for the City of NY are required to

contribute to an 80% reduction in citywide GHG emissions (relative to 2005 levels) by 2050. As all NYC public buildings are expected to lead by example, the sustainable scope of this project is

to exceed energy code requirements and use cost/benefit analyses to incorporate Deep Energy Conservation Measures within the constraints of scope, occupancy, schedule and budget.

https://www1.nyc.gov/site/ddc/about/sustainable-design-forms.page

https://www1.nyc.gov/site/ddc/about/sustainable-design-forms.page

18

K. Active Design

1. Implement relevant strategies of the NYC Active Design Guidelines to promote physical activity

and health in design (http://www.nyc.gov/html/ddc/html/design/active_design.shtml).

2. As part of the LEED submission, the consultant shall incorporate the applicable and appropriate requirements for the LEED Pilot Credit Design for Active Occupants

(http://www.usgbc.org/node/2648813), as per Mayoral Executive Order No. 359.

L. SUBMISSION REQUIREMENTS

1. The Consultant shall submit the final bid documents to DDC electronically and on other

reproducible media as directed by the Project Manager.

2. The specifications are to be in the latest CSI MasterFormat 2014 Edition (50 Division).

3. Schedule of deliverables:

a. Design Documents Required: i. Renderings and working models

ii. Presentation Documents iii. Materials Boards: Interior and Exterior

b. Prints and Copies:

Contract Stage Reports Drawings Specs Estimates

Schematic Design

Interim 1 6 6 - -

Interim 2 6 6 - 3

Design 6 6 - 3

Design Development 6 6 6* 3

50% Construction Documents

Design - 6 6 3

Constructibility - 6 6 6

100% Construction Documents - 6 6 6

Bid Documents - 1 1 1

*Outline specification as a part of the DD report. c. Prints and Copies for Program Management, Client Agency, and Estimating;

Contract Stage Reports Drawings Specs Estimates

Schematic Design

Interim 1 4 4 - -

Interim 2 4 4 - 4

Design 4 4 - 4

Design Development 4 4 4* 4



*Outline specification as a part of the DD report.

19

M. SUBMISSION SCHEDULE

1. Design Phase: The time frame for completion of all required services for the Design Phase is

730 consecutive calendar days (ccds). Such timeframe shall commence as of the date on which

the Consultant is directed to proceed with the Design Phase and shall not include any review time by agencies whose approval the Consultant is required to obtain. During the Design Phase

the Consultant shall submit deliverables for the Project in accordance with the schedule set forth below.

Schematic Design Documents 150 ccds

Design Development Documents 215 ccds

Final Design Documents 365 ccds

of 3

EXHIBIT – F

NYPD Program

Rodman’s Neck Training Facility New Space Requirements

Firing Ranges - NYPD SF Qty Total Enclosed Total Exterior

50 Point Ranges & Sheds 29,450 3 88,350

30 Point Ranges & Sheds 17,850 2 35,700

25 Point Range & Shed 14,930 1 14,930

10 Point Range – Long Rifle 45,000 1 45,000

Mechanicals – 50 Point 2,000 3 6,000




Sub-Total Firing Ranges - NYPD 195,880

Grossing Factor – 5% 9,794

Total Gross Square Feet 205,674

Firing Range – DOC

25 Point Range & Shed 14,930 1 14,930


Sub Total Firing Range - DOC 16,430

Grossing Factor – 5% 822


Tactical Village – Enclosed Buildings

4 Story Building(s) 20,000 1 20,000




Mechanicals – 4 sty 1,500 1 1,500

Mechanicals – 3 sty 750 1 750



Sub-Total Tactical Village - Enclosed 43,750



Tactical Village - Streetscape

Uncovered Outdoor Training Village 60,000 1 60,000


Security – Enclosed

Security Gate Building 700 1 700

Grossing Factor – 5% 35

Total Gross Square Feet 735

of 3

Security - Unenclosed SF Qty Total Enclosed Total Exterior

Vehicle Inspection 9,000 1 9,000


Training / Admin Building

Special Weapons Classroom 1,800 2 3,600

Video Simulation Suite 3,750 2 7,500

Lecture Room 800 2 1,600

Administrative office 2,800 1 2,800

Commanding Officer Office 300 1 300

Executive Officer Office 300 1 300

Male Restroom 1,500 1 1,500

Female Restroom 1,500 1 1,500

Facility Maintenance 2,500 1 2,500

Inventory Space 1,000 1 1,000

Mess Hall 3,000 1 3,000

Sign-In Area 1,000 1 1,000

Ammunition Storage 12,000 1 12,000

Mechanicals 5,000 1 5,000

Sub-Total Training/ Admin 43,600



Parking and Site Utility/Mechanical

Waste/Recycling 1,000 1 1,000

Loading Area 1,000 1 1,000

Fuel Station 1,000 1 1,000

Parking (500 Vehicles) 245,000 1 245,000

Generator 2,000 1 2,000

Pump Station 2,000 1 2,000

Water Metering Station 1,000 1 1,000

Total Gross Square Feet 5,000 248,000

Grand Total New Construction 329,106 317,000

of 3

Rodman’s Neck Training Facility Existing Structures to be Retained

Tactical Village – Enclosed Buildings

Building Number/Name

Total Enclosed Total Exterior

Tactical Village Building #19 #19 3,861

Tactical village Building #20 #20 1,967

Tactical Village Building #21 #20 1,967

Total Square Feet 7,795

Tactical Village - Streetscape

Uncovered Outdoor Training Village 36,575


Training / Administration

HIDTA Training Building Classrooms HIDTA 5,250

HIDTA Training Building Offices HIDTA 5,250

Taser Training #1 1,425

Main Lecture Hall #7 3,240

Coordinator’s Office #8 3,305

Curriculum and Evaluation #5 2,220

Fiscal Unit #13 1,316

Payroll Unit #13A 1,316

Conference Room Conf Trailer 1,000

Support Services #3 1,566

Vest Unit #2 500


Locker Rooms

Male Locker Room Locker Trailer 1,442

Female Locker Room Locker Trailer 662


Gun Services

Gun Shop/Armory/Special Weapon Storage

#6 2,600

Gun Cleaning #10 1,410

Total square Feet 4,010

Grand Total Existing Construction 40,297 36,575

________________________________________________________________________________________________________________________


EXHIBIT G

SCHEDULE B: M/WBE UTILIZATION PLAN

SCHEDULE B: M/WBE UTILIZATION PLAN: The Consultant’s M/WBE Utilization Plan is set forth on the

following pages. Such M/WBE Utilization Plan was submitted by the Consultant as part of its proposal for the Contract.

________________________________________________________________________________________________________________________


EXHIBIT H

DESIGN CONSULTANT GUIDE (August 2015)

**************************************************

The Design Consultant Guide (August 2015) is available at the website below.

http://www1.nyc.gov/assets/ddc/downloads/publications/guides-manuals/design-consultant-guide-2016.pdf

http://www1.nyc.gov/assets/ddc/downloads/publications/guides-manuals/design-consultant-guide-2016.pdf

________________________________________________________________________________________________________________________


EXHIBIT I

BUILDING INFORMATION MODELING (BIM) GUIDELINES

**************************************************

The Building Information Modeling (BIM) Guidelines is available at the website below.

http://www1.nyc.gov/assets/ddc/downloads/publications/guides-manuals/bim-guide.pdf

http://www1.nyc.gov/assets/ddc/downloads/publications/guides-manuals/bim-guide.pdf

________________________________________________________________________________________________________________________


EXHIBIT J

PAID SICK LEAVE LAW CONTRACT RIDER

Introduction and General Provisions

The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who

annually perform more than 80 hours of work in New York City to be provided with paid sick time.1

Contractors of

the City of New York or of other governmental entities may be required to provide sick time pursuant to the PSLL.

The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the New York City

Administrative Code. It is administered by the City’s Department of Consumer Affairs (“DCA”); DCA’s rules

promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”).

Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the

performance of this agreement. Contractor further acknowledges that such compliance is a material term of this

agreement and that failure to comply with the PSLL in performance of this agreement may result in its

termination.

Contractor must notify the Agency Chief Contracting Officer of the City agency or other entity with whom it is

contracting in writing within ten (10) days of receipt of a complaint (whether oral or written) regarding the PSLL

involving the performance of this agreement. Additionally, Contractor must cooperate with DCA’s education

efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules.

The PSLL is summarized below for the convenience of Contractor. Contractor is advised to review the PSLL and

Rules in their entirety. On the website www.nyc.gov/PaidSickLeave there are links to the PSLL and the associated

Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and

model forms, and an event calendar of upcoming presentations and webinars at which Contractor can get more

information about how to comply with the PSLL. Contractor acknowledges that it is responsible for compliance

with the PSLL notwithstanding any inconsistent language contained herein.

Pursuant to the PSLL and the Rules:

Applicability, Accrual, and Use

An employee who works within the City of New York for more than eighty hours in any consecutive 12-month

period designated by the employer as its “calendar year” pursuant to the PSLL (“Year”) must be provided sick

time. Employers must provide a minimum of one hour of sick time for every 30 hours worked by an employee and

compensation for such sick time must be provided at the greater of the employee’s regular hourly rate or the

minimum wage. Employers are not required to provide more than forty hours of sick time to an employee in any

Year.

An employee has the right to determine how much sick time he or she will use, provided that employers may set a

reasonable minimum increment for the use of sick time not to exceed four hours per day. In addition, an employee

may carry over up to forty hours of unused sick time to the following Year, provided that no employer is required to

allow the use of more than forty hours of sick time in a Year or carry over unused paid sick time if the employee is

paid for such unused sick time and the employer provides the employee with at least the legally required amount of

paid sick time for such employee for the immediately subsequent Year on the first day of such Year.

1 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New York City Administrative Code

§20-912(g), such employer has the option of providing such employees uncompensated sick time.

http://www.nyc.gov/PaidSickLeave

________________________________________________________________________________________________________________________


An employee entitled to sick time pursuant to the PSLL may use sick time for any of the following:

• such employee’s mental illness, physical illness, injury, or health condition or the care of such illness, injury, or

condition or such employee’s need for medical diagnosis or preventive medical care;

• such employee’s care of a family member (an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee’s spouse or domestic partner) who has a mental illness, physical illness, injury or health condition or who has a need for medical diagnosis or preventive medical

care;

• closure of such employee’s place of business by order of a public official due to a public health emergency; or

• such employee’s need to care for a child whose school or childcare provider has been closed due to a public

health emergency.

An employer must not require an employee, as a condition of taking sick time, to search for a replacement. However, an

employer may require an employee to provide: reasonable notice of the need to use sick time; reasonable documentation

that the use of sick time was needed for a reason above if for an absence of more than three consecutive work days; and/or

written confirmation that an employee used sick time pursuant to the PSLL. However, an employer may not require

documentation specifying the nature of a medical condition or otherwise require disclosure of the details of a medical

condition as a condition of providing sick time and health information obtained solely due to an employee’s use of sick

time pursuant to the PSLL must be treated by the employer as confidential.

If an employer chooses to impose any permissible discretionary requirement as a condition of using sick time, it must

provide to all employees a written policy containing those requirements, using a delivery method that reasonably ensures

that employees receive the policy. If such employer has not provided its written policy, it may not deny sick time to an

employee because of non-compliance with such a policy.

Sick time to which an employee is entitled must be paid no later than the payday for the next regular payroll period

beginning after the sick time was used.

Exemptions and Exceptions

Notwithstanding the above, the PSLL does not apply to any of the following:

• an independent contractor who does not meet the definition of employee under section

190(2) of the New York State Labor Law;

• an employee covered by a valid collective bargaining agreement in effect on April 1,

2014 until the termination of such agreement;

• an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement;

• an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such

employee;

• an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her

own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average

hourly wage that is at least four times the federal minimum wage;

• an employee in a work study program under Section 2753 of Chapter 42 of the United

States Code;

• an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal

Revenue Code, Section 117 of Chapter 20 of the United States Code; or

• a participant in a Work Experience Program (WEP) under section 336-c of the New

York State Social Services Law.

Retaliation Prohibited

________________________________________________________________________________________________________________________


An employer may not threaten or engage in retaliation against an employee for exercising or attempting in good faith to

exercise any right provided by the PSLL. In addition, an employer may not interfere with any investigation,

proceeding, or hearing pursuant to the PSLL.

Notice of Rights

An employer must provide its employees with written notice of their rights pursuant to the PSLL. Such notice must be in

English and the primary language spoken by an employee, provided that DCA has made available a translation into such

language. Downloadable notices are available

on DCA’s website at http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml.

Any person or entity that willfully violates these notice requirements is subject to a civil penalty in an amount not to exceed

fifty dollars for each employee who was not given appropriate notice.

Records

An employer must retain records documenting its compliance with the PSLL for a period of at least three years, and must

allow DCA to access such records in furtherance of an investigation related to an alleged violation of the PSLL.

Enforcement and Penalties

Upon receiving a complaint alleging a violation of the PSLL, DCA has the right to investigate such complaint and

attempt to resolve it through mediation. Within 30 days of written notification of a complaint by DCA, or sooner in

certain circumstances, the employer must provide DCA with a written response and such other information as DCA may

request. If DCA

believes that a violation of the PSLL has occurred, it has the right to issue a notice of violation to the employer.

DCA has the power to grant an employee or former employee all appropriate relief as set forth in New York City

Administrative Code 20-924(d). Such relief may include, among other remedies, treble damages for the wages that should

have been paid, damages for unlawful retaliation, and damages and reinstatement for unlawful discharge. In addition, DCA

may impose on an employer found to have violated the PSLL civil penalties not to exceed $500 for a first violation,

$750 for a second violation within two years of the first violation, and $1,000 for each succeeding violation

within two years of the previous violation.

More Generous Polices and Other Legal Requirements

Nothing in the PSLL is intended to discourage, prohibit, diminish, or impair the adoption or retention of a more generous

sick time policy, or the obligation of an employer to comply with any contract, collective bargaining agreement,

employment benefit plan or other agreement providing more generous sick time. The PSLL provides minimum

requirements pertaining to sick time and does not preempt, limit or otherwise affect the applicability of any other law,

regulation, rule, requirement, policy or standard that provides for greater accrual or use by employees of sick leave or

time, whether paid or unpaid, or that extends other protections to employees. The PSLL may not be construed as creating

or imposing any requirement in conflict with any federal or state law, rule or regulation.

http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml

________________________________________________________________________________________________________________________


EXHIBIT K

HIRING AND EMPLOYMENT RIDER:

HIRENYC AND REPORTING REQUIREMENTS

Introduction

This Rider shall apply to all contracts for goods, services, and construction with a value of one million dollars

($1,000,000.00) or more, provided, however, that certain requirements of the Rider shall only apply as indicated below.

This Rider addresses the HireNYC process, including reporting obligations under the HireNYC process, and certain

other reporting requirements imposed by law. In general, the HireNYC process under this Rider requires the Contractor

to enroll w i t h t h e HireNYC p o r t a l for the City of New York (“the City”) found within the Department of

Small Business Services's (“SBS”) website, to disclose all entry to mid-level job opportunities described in this Rider

arising from this contract and located in New York City, and to agree to interview qualified candidates from HireNYC

for those opportunities.

HireNYC Requirements

A. Enrollment

The Contractor shall enroll with the HireNYC system, found at www.nyc.gov/sbs, within thirty (30) days after the

registration of this Contract pursuant to Section 328 of the New York City Charter. The Contractor shall provide information

about the business, designate a primary contact and say whether it intends to hire for any entry to mid-level job opportunities

arising from this contract and located in New York City, and, if so, the approximate start date of the first hire.

B. Job Posting Requirements

Once enrolled in HireNYC, the Contractor agrees to update the HireNYC portal with all entry to mid-level job opportunities

arising from this contract and located in New York City, if any, which shall be defined as jobs requiring no more than an

associate degree, as provided by the New York State Department of Labor (see Column F of https://labor.ny.gov/stats/2012-

2022- NYS-Employment-Prospects.xls). The information to be updated includes the types of entry and mid-level positions

made available from the work arising from the contract and located in New York City, the number of positions, the anticipated

schedule of initiating the hiring process for these positions, and the contact information for the Contractor's representative

charged with overseeing hiring. The Contractor must update the HireNYC portal with any hiring needs arising from the

contract and located in New York City, and the requirements of the jobs to be filled, no less than three weeks prior to the

intended first day of employment for each new position, except with the permission of SBS, not to be unreasonably withheld,

and must also update the HireNYC portal as set forth below.

After enrollment through HireNYC and submission of relevant information, SBS will work with the Contractor to develop

a recruitment plan which will outline the candidate screening process, and will provide clear instructions as to when, where,

and how interviews will take place. HireNYC will screen applicants based on employer requirements and refer applicants

whom it believes are qualified to the Contractor for interviews. The Contractor must interview referred applicants whom it

believes are qualified. After completing an interview of a candidate referred by HireNYC, the Contractor must provide feedback via the portal

within twenty (20) business days to indicate which candidates were interviewed and hired, if any. In addition, the Contractor

shall provide the start date of new hires, and additional information reasonably related to such hires, within twenty (20)

business days after the start date. In the event the Contractor does not have any job openings covered by this Rider in any

given year, the Contractor shall be required to provide an annual update to HireNYC to that effect. For this purpose, the

reporting year shall run from the date of the registration of the contract and each anniversary date.

http://www.nyc.gov/sbs

________________________________________________________________________________________________________________________


These requirements do not limit the Contractor's ability to assess the qualifications of prospective workers, and to make

final hiring and retention decisions. No provision of this Rider shall be interpreted so as to require the Contractor to employ

any particular worker.

In addition, the provisions of this Rider shall not apply to positions that the Contractor intends to fill with employees

employed pursuant to the job retention provision of Section 22-505 of the Administrative Code of the City of New York.

The Contractor shall not be required to report such openings with HireNYC. However, the Contractor shall enroll with the

HireNYC system pursuant to Section A, above, and, if such positions subsequently become open, then the remaining

provisions of this Rider will apply.

C. Breach and Liquidated Damages

If the Contractor fails to comply with the terms of the contract and this Rider ( l) by not enrolling its business with HireNYC;

(2) by not informing HireNYC, as required, of open positions; or (3) by failing to interview a qualified candidate, the

contracting agency may assess liquidated damages in the amount of two-thousand five hundred dollars ($2,500.00) per

breach. For all other events of noncompliance with the terms of this Rider, the agency may assess liquidated damages in

the amount of five hundred dollars ($500) per breach.

Furthermore, in the event the Contractor breaches the requirements of this Rider during the term of the contract, the City

may hold the Contractor in default of this contract.

Audit Compliance

In addition to the auditing requirements set forth in other parts of the contract, the Contractor shall permit SBS and the City

to inspect any and all records concerning or relating to job openings or the hiring of individuals for work arising from the

contract and located in New York City. The Contractor shall permit an inspection within seven (7) business days of the

request.

Other Reporting Requirements

The Contractor shall report to the City, on a monthly basis, all information reasonably requested by the City that is necessary

for the City to comply with any reporting requirements imposed by law or rule, including any requirement that the City

maintain a publicly accessible database. In addition, the Contractor agrees to comply with all reporting requirements imposed

by Law or rule, or as otherwise requested by the City.

Construction Requirements

Construction contractors shall comply with the HireNYC requirements set forth above for all non-trades jobs (e.g., for an

administrative position arising out of the work of the contract and located in New York City) as set forth above.

In addition, construction contractors shall reasonably cooperate with SBS and the City on specific outreach events, including

Hire on the Spot events, for the hiring of trades workers for the work of this contract.

Further, this contract shall be subject to a project labor agreement if so required elsewhere in this contract. Federal Hiring Requirements

The Contractor shall comply with all federal hiring requirements as may be set forth elsewhere in this contract, including,

as applicable:

• Section 3 of the HUD Act of 1968, which requires, to the greatest extent feasible, economic opportunities for 30 percent

of new hires be given to low- and very low-income persons, particularly persons who are recipients of HUD assistance

________________________________________________________________________________________________________________________


for housing.

• Executive Order 11246, which prohibits discrimination in employment due to race, color, religion, sex or national

origin, and requires the implementation of goals for minority and female participation for work involving any

Construction trade.

________________________________________________________________________________________________________________________


EXHIBIT L

APPENDIX A

GENERAL PROVISIONS GOVERNING CONTRACTS FOR

CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES

Appendix A (Architects, Engineers and Surveyors) June 2015 Final

i

APPENDIX A



TABLE OF CONTENTS

ARTICLE 1 - DEFINITIONS

Section 1.01 Definitions…………………………………………………………………………1

ARTICLE 2 - REPRESENTATIONS AND WARRANTIES

Section 2.01 Procurement of Agreement………………………………………………………1

Section 2.02 Conflicts of Interest……………………………………………………………….2

Section 2.03 Fair Practices……………………………………………………………………...2

Section 2.04 VENDEX…………………………………………………………………………..2

Section 2.05 Political Activity…………………………………………………………………...3

Section 2.06 Religious Activity……………………………………………………………….....3

Section 2.07 Unlawful Discriminatory Practices: City Admin. Code § 6-123………….……3

Section 2.08 Bankruptcy and Reorganization…………………………………………………3

ARTICLE 3 - ASSIGNMENT AND SUBCONTRACTING

Section 3.01 Assignment……………………………………………………………………...…3

Section 3.02 Subcontracting……………………………………………………….……………4

ARTICLE 4 - LABOR PROVISIONS

Section 4.01 Independent Contractor Status…………………………………………………..5

Section 4.02 Employees………………………………………………………………………….5

Section 4.03 Removal of Individuals Performing Work………………………………………5

Section 4.04 Minimum Wage…………………………………………………………………...5

Section 4.05 Non-Discrimination: New York State Labor Law § 220-e…………………..…5

Section 4.06 Non-Discrimination: City Admin. Code § 6-108……………….……………….6

Section 4.07 Non-Discrimination: E.O. 50 -- Equal Employment Opportunity…………….6


ii

ARTICLE 5 - RECORDS, AUDITS, REPORTS, AND INVESTIGATIONS

Section 5.01 Books and Records………………………………………………………….…...7

Section 5.02 Retention of Records………………………………………………….....………7

Section 5.03 Inspection……………………………………………………………………..….8

Section 5.04 Audit……………………………………………………………………………...8

Section 5.05 No Removal of Records from Premises…………………………………...……8

Section 5.06 Electronic Records……………………………………………………...………..8

Section 5.07 Investigations Clause…………………………………………………………….8

Section 5.08 Confidentiality…………………………………………………...………………10

ARTICLE 6 - COPYRIGHTS, PATENTS, INVENTIONS AND ANTITRUST

Section 6.01 Copyrights………………………………………………………………………..11

Section 6.02 Patents and Inventions……………………………………………….………….12

Section 6.03 Pre-existing Rights……………………………………………………...………..12

Section 6.04 Antitrust…………………………………………………………...……………...12

ARTICLE 7 - INSURANCE

Section 7.01 Agreement to Insure……………………………………………….…………….12

Section 7.02 Commercial General Liability Insurance ………………………..……………12

Section 7.03 Professional Liability Insurance…….……………………………………...…..12

Section 7.04 Workers’ Compensation, Disability Benefits, and

Employer’s Liability Insurance ……………………………....…...…….…13

Section 7.05 Unemployment Insurance ………………………………………………………13

Section 7.06 Business Automobile Liability Insurance……………………………………....13

Section 7.07 General Requirements for Insurance Coverage and Policies………………....13

Section 7.08 Proof of Insurance……………………………………….………………..……...13

Section 7.09 Miscellaneous …………………………………………………………….….…...14


iii

ARTICLE 8 - PROTECTION OF PERSONS AND PROPERTY AND INDEMNIFICATION

Section 8.01 Reasonable Precautions……………………………………………..….….……15

Section 8.02 Protection of City Property……………………………………….…….………15

Section 8.03 Indemnification ………………………………………………….……..……….15

Section 8.04 Infringement Indemnification ……………………………………….…………15

Section 8.05 Indemnification Obligations Not Limited By Insurance Obligation.….….….15

Section 8.06 Actions By or Against Third Parties………………………………….…….…..15

Section 8.07 Withholding of Payments…………………………………………...….……..…16

Section 8.08 No Third Party Rights…………………………………………………..…….…16

ARTICLE 9 - CONTRACT CHANGES

Section 9.01 Contract Changes……………………………………………………….…….…16

Section 9.02 Changes Through Fault of Contractor………………………….….….…….…16

ARTICLE 10 - TERMINATION, DEFAULT, AND REDUCTIONS IN FUNDING

Section 10.01 Termination by the City Without Cause………………………….….…..…...16

Section 10.02 Reductions in Federal, State and/or City Funding………...……………...….17

Section 10.03 Contractor Default …………………………………………………..………...17

Section 10.04 Force Majeure ………………………………………………………..………...18

Section 10.05 Procedures for Termination………………………………………………...…19

Section 10.06 Miscellaneous Provisions ……………………………………………………...19

ARTICLE 11 - PROMPT PAYMENT AND ELECTRONIC FUNDS TRANSFER

Section 11.01 Prompt Payment………………………………………………………….….....19

Section 11.02 Electronic Funds Transfer…………………………………………..………....20

ARTICLE 12 - CLAIMS

Section 12.01 Choice of Law…………………………………….………………………….....20

Section 12.02 Jurisdiction and Venue…………………………………………………..…….20

Section 12.03 Resolution of Disputes……………………………………………………...…..20

Section 12.04 Claims and Actions ………………………………………………………….…23


iv

Section 12.05 No Claim Against Officers, Agents or Employees……………………...….…23

Section 12.06 General Release……………………………………………………………...…24

Section 12.07 No Waiver………………………………………………………..…………...…24

ARTICLE 13 - APPLICABLE LAWS

Section 13.01 PPB Rules…………………………………………………………..…….…..…24

Section 13.02 All Legal Provisions Deemed Included…………………………..………..…..24

Section 13.03 Severability / Unlawful Provisions Deemed Stricken………..……..………...24

Section 13.04 Compliance With Laws………………………………………………...………24

Section 13.05 Americans with Disabilities Act (ADA)………………………………....….…24

Section 13.06 Not Used …………………………………………………………………..….…25

Section 13.07 Participation in an International Boycott……………………………….……25

Section 13.08 MacBride Principles………………………………………………………...….25

Section 13.09 Not Used…………………………………………………….…………………..25

Section 13.10 Not Used……………………………………………………………..………….25

ARTICLE 14 - MISCELLANEOUS PROVISIONS

Section 14.01 Conditions Precedent……...…………………………………………………...25

Section 14.02 Merger…………………...……………………………………….……………..25

Section 14.03 Headings………………..……………………………………………………….25

Section 14.04 Notice………………………………………………………..…………………..26

Section 14.05 Monies Withheld…………………………………………………………….…26

Section 14.06 Whistleblower Expansion Act Rider………………………………………….26

AFFIRMATION………………………………………………………...……………………...28

CERTIFICATION BY INSURANCE BROKER OR AGENT………………………………29


_____________________________________________________________________________________

Page 1 of 30

APPENDIX A



ARTICLE 1 - DEFINITIONS

Section 1.01 Definitions

The following words and expressions, or pronouns used in their stead, shall, wherever they appear in this

Agreement, be construed as follows, unless a different meaning is clear from the context:

A. “Agency Chief Contracting Officer” or “ACCO” shall mean the position delegated authority by the

Agency Head to organize and supervise the procurement activity of subordinate Agency staff in conjunction with the City

Chief Procurement Officer.

B. “Agreement” shall mean the various documents, including this Appendix A, that constitute the contract

between the Contractor and the City.

C. “City” shall mean The City of New York.

D. “City Chief Procurement Officer” or “CCPO” shall mean the position delegated authority by the Mayor

to coordinate and oversee the procurement activity of Mayoral agency staff, including the ACCOs.

E. “Commissioner” or “Agency Head” shall mean the head of the Department or his or her duly authorized

representative. The term “duly authorized representative” shall include any person or persons acting within the limits of his

or her authority.

F. “Comptroller” shall mean the Comptroller of the City of New York.

G. “Contractor” shall mean the entity entering into this Agreement with the Department.

H. “Days” shall mean calendar days unless otherwise specifically noted to mean business days.

I. “Department” or “Agency” shall mean the City agency that has entered into this Agreement.

J. “Law” or “Laws” shall mean the New York City Charter (“Charter”), the New York City Administrative

Code (“Admin. Code”), a local rule of the City of New York, the Constitutions of the United States and the State of New

York, a statute of the United States or of the State of New York and any ordinance, rule or regulation having the force of

law and adopted pursuant thereto, as amended, and common law.

K. “Procurement Policy Board” or “PPB” shall mean the board established pursuant to Charter § 311 whose

function is to establish comprehensive and consistent procurement policies and rules which have broad application

throughout the City.

L. “PPB Rules” shall mean the rules of the Procurement Policy Board as set forth in Title 9 of the Rules of

the City of New York (“RCNY”), § 1-01 et seq.

M. “State” shall mean the State of New York.

ARTICLE 2 - REPRESENTATIONS

AND WARRANTIES

Section 2.01 Procurement of Agreement

A. The Contractor represents and warrants that no person or entity (other than an officer, partner, or

employee working solely for the Contractor) has been employed or retained to solicit or secure this Agreement upon any

agreement or understanding for a commission, percentage, brokerage fee, contingent fee or any other direct or indirect

compensation. Notwithstanding the preceding sentence, the Contractor may retain consultants to draft proposals, negotiate

contracts, and perform other similar services. The Contractor further represents and warrants that no payment, gift, or thing

of value has been made, given, or promised to obtain this or any other agreement between the parties. The Contractor

makes such representations and warranties to induce the City to enter into this Agreement and the City relies upon such


Page 2 of 30

representations and warranties in the execution of this Agreement.

B. For any breach or violation of the representations and warranties set forth in Paragraph A above, the

Commissioner shall have the right to annul this Agreement without liability, entitling the City to recover all monies paid to

the Contractor; and the Contractor shall not make claim for, or be entitled to recover, any sum or sums due under this

Agreement. The rights and remedies of the City provided in this Section are not exclusive and are in addition to all other

rights and remedies allowed by Law or under this Agreement.

Section 2.02 Conflicts of Interest

A. The Contractor represents and warrants that neither it nor any of its directors, officers, members, partners

or employees, has any interest nor shall they acquire any interest, directly or indirectly, which conflicts in any manner or

degree with the performance of this Agreement. The Contractor further represents and warrants that no person having such

interest or possible interest shall be employed by or connected with the Contractor in the performance of this Agreement.

B. Consistent with Charter § 2604 and other related provisions of the Charter, the Admin. Code and the New

York State Penal Law, no elected official or other officer or employee of the City, nor any person whose salary is payable,

in whole or in part, from the City Treasury, shall participate in any decision relating to this Agreement which affects his or

her personal interest or the interest of any corporation, partnership or other entity in which he or she is, directly or

indirectly, interested; nor shall any such official, officer, employee, or person have any interest in, or in the proceeds of, this

Agreement. This Paragraph B shall not prevent directors, officers, members, partners, or employees of the Contractor from

participating in decisions relating to this Agreement where their sole personal interest is in the Contractor.

C. The Contractor shall not employ a person or permit a person to serve as a member of the Board of

Directors or as an officer of the Contractor if such employment or service would violate Chapter 68 of the Charter.

D. through H. Not Used

Section 2.03 Fair Practices

A. The Contractor and each person signing on its behalf certifies, under penalties of perjury, that to the best

of its, his or her knowledge and belief:

1. The prices and other material terms set forth in this Agreement have been arrived at

independently, without collusion, consultation, communication, or agreement with any other bidder or proposer or with any

competitor as to any matter relating to such prices or terms for the purpose of restricting competition;

2. Unless otherwise required by Law or where a schedule of rates or prices is uniformly established

by a government agency through regulation, policy or directive, the prices and other material terms set forth in this

Agreement which have been quoted in this Agreement and on the bid or proposal submitted by the Contractor have not

been knowingly disclosed by the Contractor, directly or indirectly, to any other bidder or proposer or to any competitor

prior to the bid or proposal opening; and

3. No attempt has been made or will be made by the Contractor to induce any other person or entity

to submit or not to submit a bid or proposal for the purpose of restricting competition.

B. The fact that the Contractor (i) has published price lists, rates, or tariffs covering items being procured,

(ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or

(iii) has sold the same items to other customers at the same prices and/or terms being bid or proposed, does not constitute,

without more, a disclosure within the meaning of this Section.

Section 2.04 VENDEX

The Contractor represents and warrants that it and its principals have duly executed and filed all required

VENDEX Questionnaires and, if applicable, Certificates of No Change, pursuant to PPB Rule § 2-08 and in accordance

with the policies and procedures of the Mayor’s Office of Contract Services. The Contractor understands that the

Department's reliance upon the completeness and veracity of the information stated therein is a material condition to the

execution of this Agreement, and represents and warrants that the information it and its principals have provided is accurate

and complete.


Page 3 of 30

Section 2.05 Political Activity

The Contractor’s provision of services under this Agreement shall not include any partisan political activity or any

activity to further the election or defeat of any candidate for public, political, or party office, nor shall any of the funds

provided under this Agreement be used for such purposes.

Section 2.06 Religious Activity

There shall be no religious worship, instruction or proselytizing as part of or in connection with the Contractor’s

provision of services under this Agreement, nor shall any of the funds provided under this Agreement be used for such

purposes.

Section 2.07 Unlawful Discriminatory Practices: Admin. Code § 6-123

As required by Admin. Code § 6-123, the Contractor will not engage in any unlawful discriminatory practice as

defined in and pursuant to the terms of Title 8 of the City Administrative Code. The Contractor shall include a provision in

any agreement with a first-level subcontractor performing services under this Agreement for an amount in excess of Fifty

Thousand Dollars ($50,000) that such subcontractor shall not engage in any such unlawful discriminatory practice.

Section 2.08 Bankruptcy and Reorganization

In the event that the Contractor files for bankruptcy or reorganization under Chapter Seven or Chapter Eleven of

the United States Bankruptcy Code, the Contractor shall disclose such action to the Department within seven (7) Days of

filing.

ARTICLE 3 - ASSIGNMENT AND SUBCONTRACTING

Section 3.01 Assignment

A. The Contractor shall not assign, transfer, convey or otherwise dispose of this Agreement, or the right to

execute it, or the right, title or interest in or to it or any part of it, or assign, by power of attorney or otherwise, any of the

monies due or to become due under this Agreement, without the prior written consent of the Commissioner. The giving of

any such consent to a particular assignment shall not dispense with the necessity of such consent to any further or other

assignments. Any such assignment, transfer, conveyance or other disposition without such written consent shall be void.

B. Before entering into any such assignment, transfer, conveyance or other disposal of this Agreement, the

Contractor shall submit a written request for approval to the Department giving the name and address of the proposed

assignee. The proposed assignee’s VENDEX questionnaire must be submitted within thirty (30) Days after the ACCO has

granted preliminary written approval of the proposed assignee, if required. Upon the request of the Department, the

Contractor shall provide any other information demonstrating that the proposed assignee has the necessary facilities, skill,

integrity, past experience and financial resources to perform the specified services in accordance with the terms and

conditions of this Agreement. The Agency shall make a final determination in writing approving or disapproving the

assignee after receiving all requested information.

C. Failure to obtain the prior written consent to such an assignment, transfer, conveyance, or other

disposition may result in the revocation and annulment of this Agreement, at the option of the Commissioner. The City

shall thereupon be relieved and discharged from any further liability and obligation to the Contractor, its assignees, or

transferees, who shall forfeit all monies earned under this Agreement, except so much as may be necessary to pay the

Contractor’s employees.

D. The provisions of this Section shall not hinder, prevent, or affect an assignment by the Contractor for the

benefit of its creditors made pursuant to the Laws of the State.

E. This Agreement may be assigned, in whole or in part, by the City to any corporation, agency, or

instrumentality having authority to accept such assignment. The City shall provide the Contractor with written notice of

any such assignment.


Page 4 of 30

Section 3.02 Subcontracting

A. The Contractor shall not enter into any subcontract for an amount greater than Five Thousand Dollars

($5,000) for the performance of its obligations, in whole or in part, under this Agreement without the prior approval by the

Department of the subcontractor. The Department hereby grants approval for all subcontracts for an amount that does not

exceed Five Thousand Dollars ($5,000). The Contractor must submit monthly reports to the Department indicating all such

subcontractors. All subcontracts must be in writing.

B. Prior to entering into any subcontract for an amount greater than Five Thousand Dollars ($5,000), the

Contractor shall submit a written request for the approval of the proposed subcontractor to the Department giving the name

and address of the proposed subcontractor and the portion of the services that it is to perform and furnish. At the request of

the Department, a copy of the proposed subcontract shall be submitted to the Department. The proposed subcontractor’s

VENDEX Questionnaire must be submitted, if required, within thirty (30) Days after the ACCO has granted preliminary

approval of the proposed subcontractor. Upon the request of the Department, the Contractor shall provide any other

information demonstrating that the proposed subcontractor has the necessary facilities, skill, integrity, past experience and

financial resources to perform the specified services in accordance with the terms and conditions of this Agreement. The

Agency shall make a final determination in writing approving or disapproving the subcontractor after receiving all

requested information. For proposed subcontracts that do not exceed Twenty-five Thousand Dollars ($25,000), the

Department’s approval shall be deemed granted if the Department does not issue a written approval or disapproval within

forty-five (45) Days of the Department’s receipt of the written request for approval or, if applicable, within forty-five (45)

Days of the Department’s acknowledged receipt of fully completed VENDEX Questionnaires for the subcontractor.

C. All subcontracts shall contain provisions specifying that:

1. The work performed by the subcontractor must be in accordance with the terms of the agreement

between the City and the Contractor;

2. Nothing contained in the agreement between the Contractor and the subcontractor shall impair

the rights of the City;

3. Nothing contained in the agreement between the Contractor and the subcontractor, or under the

agreement between the City and the Contractor, shall create any contractual relation between the subcontractor and the

City; and

4. The subcontractor specifically agrees to be bound by Section 4.07 and Article 5 of this Appendix

A and specifically agrees that the City may enforce such provisions directly against the subcontractor as if the City were a

party to the subcontract.

D. The Contractor agrees that it is as fully responsible to the Department for the acts and omissions of its

subcontractors and of persons either directly or indirectly employed by such subcontractors as it is for the acts and

omissions of any person directly employed by it.

E. For determining the value of a subcontract, all subcontracts with the same subcontractor shall be

aggregated.

F. The Department may revoke the approval of a subcontractor granted or deemed granted pursuant to

Paragraphs (A) and (B) of this section if revocation is deemed to be in the interest of the City in writing on no less than ten

(10) Days’ notice unless a shorter period is warranted by considerations of health, safety, integrity issues or other similar

factors. Upon the effective date of such revocation, the Contractor shall cause the subcontractor to cease all work under the

Agreement. The City shall not incur any further obligation for services performed by such subcontractor pursuant to this

Agreement beyond the effective date of the revocation. The City shall pay for services provided by the subcontractor in

accordance with this Agreement prior to the effective date of revocation.

G. The Department’s approval of a subcontractor shall not relieve the Contractor of any of its

responsibilities, duties and liabilities under this Agreement. At the request of the Department, the Contractor shall provide

the Department a copy of any subcontract.

H. Individual employer-employee contracts are not subcontracts subject to the requirements of this Section.


Page 5 of 30

ARTICLE 4 - LABOR PROVISIONS

Section 4.01 Independent Contractor Status

The Contractor and the Department agree that the Contractor is an independent contractor and not an employee of

the Department or the City. Accordingly, neither the Contractor nor its employees or agents will hold themselves out as, or

claim to be, officers or employees of the City, or of any department, agency or unit of the City, by reason of this

Agreement, and they will not, by reason of this Agreement, make any claim, demand or application to or for any right or

benefit applicable to an officer or employee of the City, including, but not limited to, Workers’ Compensation coverage,

Disability Benefits coverage, Unemployment Insurance benefits, Social Security coverage or employee retirement

membership or credit.

Section 4.02 Employees

All persons who are employed by the Contractor and all consultants or independent contractors who are retained

by the Contractor to perform services under this Agreement are neither employees of the City nor under contract with the

City. The Contractor, and not the City, is responsible for their work, direction, compensation, and personal conduct while

engaged under this Agreement. Nothing in the Agreement shall impose any liability or duty on the City for the acts,

omissions, liabilities or obligations of the Contractor, or any officer, employee, or agent of the Contractor, or for taxes of

any nature, or for any right or benefit applicable to an officer or employee of the City, including, but not limited to,

Workers’ Compensation coverage, Disability Benefits coverage, Unemployment Insurance benefits, Social Security

coverage or employee retirement membership or credit. Except as specifically stated in this Agreement, nothing in this

Agreement shall impose any liability or duty on the City to any person or entity.

Section 4.03 Removal of Individuals Performing Work

The Contractor shall not have anyone perform work under this Agreement who is not competent, faithful and

skilled in the work for which he or she shall be employed. Whenever the Commissioner shall inform the Contractor, in

writing, that any individual is, in his or her opinion, incompetent, unfaithful, or unskilled, such individual shall no longer

perform work under this Agreement. Prior to making a determination to direct a Contractor that an individual shall no

longer perform work under this Agreement, the Commissioner shall provide the Contractor an opportunity to be heard on

no less than five (5) Days written notice. The Commissioner may direct the Contractor not to allow the individual from

performing work under the Agreement pending the opportunity to be heard and the Commissioner’s determination.

Section 4.04 Minimum Wage

Except for those employees whose minimum wage is required to be fixed pursuant to Sections 220 or 230 of the

New York State Labor Law or by City Administrative Code § 6-109, all persons employed by the Contractor in the

performance of this Agreement shall be paid, without subsequent deduction or rebate, unless expressly authorized by Law,

not less than the minimum wage as prescribed by Law. Any breach of this Section shall be deemed a material breach of

this Agreement.

Section 4.05 Non-Discrimination: New York State Labor Law § 220-e

A. If this Agreement is for the construction, alteration or repair of any public building or public work or for

the manufacture, sale, or distribution of materials, equipment, or supplies, the Contractor agrees, as required by New York

State Labor Law § 220-e, that:

1. In the hiring of employees for the performance of work under this Agreement or any subcontract

hereunder, neither the Contractor, subcontractor, nor any person acting on behalf of such Contractor or subcontractor, shall

by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York

who is qualified and available to perform the work to which the employment relates;

2. Neither the Contractor, subcontractor, nor any person on his or her behalf shall, in any manner,

discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of

race, creed, color, disability, sex or national origin;

3. There may be deducted from the amount payable to the Contractor by the City under this


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Agreement a penalty of Fifty Dollars ($50) for each person for each calendar day during which such person was

discriminated against or intimidated in violation of the provisions of this Agreement; and

4. This Agreement may be terminated by the City, and all monies due or to become due hereunder

may be forfeited, for a second or any subsequent violation of the terms or conditions of this Section.

B. The provisions of this Section shall be limited to operations performed within the territorial limits of the

State of New York.

Section 4.06 Non-Discrimination: Admin. Code § 6-108

If this Agreement is for the construction, alteration or repair of buildings or the construction or repair of streets or

highways, or for the manufacture, sale, or distribution of materials, equipment or supplies, the Contractor agrees, as

required by New York City Administrative Code § 6-108, that:

A. It shall be unlawful for any person engaged in the construction, alteration or repair of buildings or

engaged in the construction or repair of streets or highways pursuant to a contract with the City or engaged in the

manufacture, sale or distribution of materials, equipment or supplies pursuant to a contract with the City to refuse to

employ or to refuse to continue in any employment any person on account of the race, color or creed of such person.

B. It shall be unlawful for any person or any servant, agent or employee of any person, described in

Paragraph A above, to ask, indicate or transmit, orally or in writing, directly or indirectly, the race, color, creed or religious

affiliation of any person employed or seeking employment from such person, firm or corporation.

C. Breach of the foregoing provisions shall be deemed a breach of a material provision of this Agreement.

D. Any person, or the employee, manager or owner of or officer of such firm or corporation who shall

violate any of the provisions of this Section shall, upon conviction thereof, be punished by a fine of not more than One

Hundred Dollars ($100) or by imprisonment for not more than thirty (30) Days, or both.

Section 4.07 Non-Discrimination: E.O. 50 -- Equal Employment Opportunity

A. This Agreement is subject to the requirements of City Executive Order No. 50 (1980) (“E.O. 50”), as

revised, and the rules set forth at 66 RCNY § 10-01 et seq. No agreement will be awarded unless and until these

requirements have been complied with in their entirety. The Contractor agrees that it:

1. Will not discriminate unlawfully against any employee or applicant for employment because of

race, creed, color, national origin, sex, age, disability, marital status, sexual orientation or citizenship status with respect to

all employment decisions including, but not limited to, recruitment, hiring, upgrading, demotion, downgrading, transfer,

training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of

employment;

2. Will not discriminate unlawfully in the selection of subcontractors on the basis of the owners’,

partners’ or shareholders’ race, color, creed, national origin, sex, age, disability, marital status, sexual orientation, or

citizenship status;

3. Will state in all solicitations or advertisements for employees placed by or on behalf of the

Contractor that all qualified applicants will receive consideration for employment without unlawful discrimination based on

race, color, creed, national origin, sex, age, disability, marital status, sexual orientation or citizenship status, and that it is an

equal employment opportunity employer;

4. Will send to each labor organization or representative of workers with which it has a collective

bargaining agreement or other contract or memorandum of understanding, written notification of its equal employment

opportunity commitments under E.O. 50 and the rules and regulations promulgated thereunder;

5. Will furnish before this Agreement is awarded all information and reports including an

Employment Report which are required by E.O. 50, the rules and regulations promulgated thereunder, and orders of the

City Department of Small Business Services, Division of Labor Services (“DLS”); and

6. Will permit DLS to have access to all relevant books, records, and accounts for the purposes of

investigation to ascertain compliance with such rules, regulations, and orders.

B. The Contractor understands that in the event of its noncompliance with the nondiscrimination clauses of


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this Agreement or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of

this Agreement and noncompliance with E.O. 50 and the rules and regulations promulgated thereunder. After a hearing

held pursuant to the rules of DLS, the Director of DLS may direct the Commissioner to impose any or all of the following

sanctions:

1. Disapproval of the Contractor; and/or

2. Suspension or termination of the Agreement; and/or

3. Declaring the Contractor in default; and/or

4. In lieu of any of the foregoing sanctions, imposition of an employment program.

C. Failure to comply with E.O. 50 and the rules and regulations promulgated thereunder in one or more

instances may result in the Department declaring the Contractor to be non-responsible.

D. The Contractor agrees to include the provisions of the foregoing Paragraphs in every subcontract or

purchase order in excess of One Hundred Thousand Dollars ($100,000) to which it becomes a party unless exempted by

E.O. 50 and the rules and regulations promulgated thereunder, so that such provisions will be binding upon each

subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be

directed by the Director of DLS as a means of enforcing such provisions including sanctions for noncompliance. A

supplier of unfinished products to the Contractor needed to produce the item contracted for shall not be considered a

subcontractor or vendor for purposes of this Paragraph.

E. The Contractor further agrees that it will refrain from entering into any subcontract or modification

thereof subject to E.O. 50 and the rules and regulations promulgated thereunder with a subcontractor who is not in

compliance with the requirements of E.O. 50 and the rules and regulations promulgated thereunder. A supplier of

unfinished products to the Contractor needed to produce the item contracted for shall not be considered a subcontractor for

purposes of this Paragraph.

F. Nothing contained in this Section shall be construed to bar any religious or denominational institution or

organization, or any organization operated for charitable or educational purposes, that is operated, supervised or controlled

by or in connection with a religious organization, from lawfully limiting employment or lawfully giving preference to

persons of the same religion or denomination or from lawfully making such selection as is calculated by such organization

to promote the religious principles for which it is established or maintained.

ARTICLE 5 - RECORDS,

AUDITS, REPORTS, AND INVESTIGATIONS

Section 5.01 Books and Records

The Contractor agrees to maintain separate and accurate books, records, documents and other evidence, and to

utilize appropriate accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs

of any nature expended in the performance of this Agreement.

Section 5.02 Retention of Records

The Contractor agrees to retain all books, records, and other documents relevant to this Agreement, including

those required pursuant to Section 5.01, for six years after the final payment or expiration or termination of this Agreement,

or for a period otherwise prescribed by Law, whichever is later. In addition, if any litigation, claim, or audit concerning this

Agreement has commenced before the expiration of the six-year period, the records must be retained until the completion of

such litigation, claim, or audit. Any books, records and other documents that are created in an electronic format in the

regular course of business may be retained in an electronic format. Any books, records, and other documents that are

created in the regular course of business as a paper copy may be retained in an electronic format provided that the records

satisfy the requirements of New York Civil Practice Law and Rules (“CPLR”) 4539(b), including the requirement that the

reproduction is created in a manner “which does not permit additions, deletions, or changes without leaving a record of

such additions, deletions, or changes.” Furthermore, the Contractor agrees to waive any objection to the admissibility of

any such books, records or other documents on the grounds that such documents do not satisfy CPLR 4539(b).


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Section 5.03 Inspection

A. At any time during the Agreement or during the record retention period set forth in section 5.02, the City,

including the Department and the Department’s Office of the Inspector General, as well as City, State and federal auditors

and any other persons duly authorized by the City shall, upon reasonable notice, have full access to and the right to examine

and copy all books, records, and other documents maintained or retained by or on behalf of the Contractor pursuant to this

Article. Notwithstanding any provision herein regarding notice of inspection, all books, records and other documents of the

Contractor kept pursuant to this Agreement shall be subject to immediate inspection, review, and copying by the

Department’s Office of the Inspector General and/or the Comptroller without prior notice and at no additional cost to the

City. The Contractor shall make such books, records and other documents available for inspection in the City of New York

or shall reimburse the City for expenses associated with the out-of-City inspection.

B. The Department shall have the right to have representatives of the Department or of the City, State or

federal government present to observe the services being performed.

C. The Contractor shall not be entitled to final payment until the Contractor has complied with any request

for inspection or access given under this Section.

Section 5.04 Audit

A. This Agreement and all books, records, documents, and other evidence required to be maintained or

retained pursuant to this Agreement, including all vouchers or invoices presented for payment and the books, records, and

other documents upon which such vouchers or invoices are based (e.g., reports, cancelled checks, accounts, and all other

similar material), are subject to audit by (i) the City, including the Comptroller, the Department, and the Department’s

Office of the Inspector General, (ii) the State, (iii) the federal government, and (iv) other persons duly authorized by the

City. Such audits may include examination and review of the source and application of all funds whether from the City, the

State, the federal government, private sources or otherwise.

B. Audits by the City, including the Comptroller, the Department, and the Department’s Office of the

Inspector General, are performed pursuant to the powers and responsibilities conferred by the Charter and the Admin.

Code, as well as all orders, rules, and regulations promulgated pursuant to the Charter and Admin. Code.

C. The Contractor shall submit any and all documentation and justification in support of expenditures or fees

under this Agreement as may be required by the Department and by the Comptroller in the exercise of his/her powers under

Law.

D. The Contractor shall not be entitled to final payment until the Contractor has complied with the

requirements of this Section.

Section 5.05 No Removal of Records from Premises

Where performance of this Agreement involves use by the Contractor of any City books, records, documents, or

data (in hard copy, or electronic or other format now known or developed in the future) at City facilities or offices, the

Contractor shall not remove any such data (in the format in which it originally existed, or in any other converted or derived

format) from such facility or office without the prior written approval of the Department’s designated official. Upon the

request by the Department at any time during the Agreement or after the Agreement has expired or terminated, the

Contractor shall return to the Department any City books, records, documents, or data that has been removed from City

premises.

Section 5.06 Electronic Records

As used in this Appendix A, the terms books, records, documents, and other data refer to electronic versions as

well as hard copy versions.

Section 5.07 Investigations Clause

A. The Contractor agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted

by a State or City agency or authority that is empowered directly or by designation to compel the attendance of witnesses

and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in


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interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license that is the subject of the

investigation, audit or inquiry.

B. 1. If any person who has been advised that his or her statement, and any information from

such statement, will not be used against him or her in any subsequent criminal proceeding refuses to testify before a grand

jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses

and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease,

permit, contract, or license entered into with the City, or State, or any political subdivision or public authority thereof, or

the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public

benefit corporation organized under the Laws of the State, or;

2. If any person refuses to testify for a reason other than the assertion of his or her

privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency

or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath,

or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning

the award of, or performance under, any transaction, agreement, lease, permit, contract, or license entered into with the

City, the State, or any political subdivision thereof or any local development corporation within the City, then;

C. 1. The Commissioner or Agency Head whose agency is a party in interest to the

transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than

five (5) Days written notice to the parties involved to determine if any penalties should attach for the failure of a person to

testify.

2. If any non-governmental party to the hearing requests an adjournment, the

Commissioner or Agency Head who convened the hearing may, upon granting the adjournment, suspend any contract,

lease, permit, or license pending the final determination pursuant to Paragraph E below without the City incurring any

penalty or damages for delay or otherwise.

D. The penalties that may attach after a final determination by the Commissioner or Agency Head may

include but shall not exceed:

1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination

for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting

bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the

City; and/or

2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses

that the refusal to testify concerns and that have not been assigned as permitted under this Agreement, nor the proceeds of

which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice

scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination;

monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall

be paid by the City.

E. The Commissioner or Agency Head shall consider and address in reaching his or her determination and in

assessing an appropriate penalty the factors in Paragraphs (1) and (2) below. He or she may also consider, if relevant and

appropriate, the criteria established in Paragraphs (3) and (4) below, in addition to any other information that may be

relevant and appropriate:

1. The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any

governmental investigation or audit, including but not limited to the discipline, discharge, or disassociation of any person

failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other

members, agents, assignees or fiduciaries whose testimony is sought.

2. The relationship of the person who refused to testify to any entity that is a party to the hearing,

including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or

the degree of authority and responsibility the person has within the entity.

3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or

licenses with the City.

4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a

significant interest in an entity subject to penalties under Paragraph D above, provided that the party or entity has given

actual notice to the Commissioner or Agency Head upon the acquisition of the interest, or at the hearing called for in


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Paragraph (C)(1) above gives notice and proves that such interest was previously acquired. Under either circumstance, the

party or entity must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such

person or entity.

F. Definitions

1. The term “license” or “permit” as used in this Section shall be defined as a license, permit,

franchise, or concession not granted as a matter of right.

2. The term “person” as used in this Section shall be defined as any natural person doing business

alone or associated with another person or entity as a partner, director, officer, principal or employee.

3. The term “entity” as used in this Section shall be defined as any firm, partnership, corporation,

association, or person that receives monies, benefits, licenses, leases, or permits from or through the City, or otherwise

transacts business with the City.

4. The term “member” as used in this Section shall be defined as any person associated with

another person or entity as a partner, director, officer, principal, or employee.

G. In addition to and notwithstanding any other provision of this Agreement, the Commissioner or Agency

Head may in his or her sole discretion terminate this Agreement upon not less than three (3) Days written notice in the

event the Contractor fails to promptly report in writing to the City Commissioner of Investigation any solicitation of

money, goods, requests for future employment or other benefits or thing of value, by or on behalf of any employee of the

City or other person or entity for any purpose that may be related to the procurement or obtaining of this Agreement by the

Contractor, or affecting the performance of this Agreement.

Section 5.08 Confidentiality

A. The Contractor agrees to hold confidential, both during and after the completion or termination of this

Agreement, all of the reports, information, or data, furnished to, or prepared, assembled or used by, the Contractor under

this Agreement. The Contractor agrees that such reports, information, or data shall not be made available to any person or

entity without the prior written approval of the Department. The Contractor agrees to maintain the confidentiality of such

reports, information, or data by using a reasonable degree of care, and using at least the same degree of care that the

Contractor uses to preserve the confidentiality of its own confidential information. In the event that the data contains social

security numbers or other Personal Identifying Information, as such term is defined in Paragraph B of this Section, the

Contractor shall utilize best practice methods (e.g., encryption of electronic records) to protect the confidentiality of such

data. The obligation under this Section to hold reports, information or data confidential shall not apply where the City

would be required to disclose such reports, information or data pursuant to the State Freedom of Information Law

(“FOIL”), provided that the Contractor provides advance notice to the City, in writing or by e-mail, that it intends to

disclose such reports, information or data and the City does not inform the contractor, in writing or by e-mail, that such

reports, information, or data are not subject to disclosure under FOIL.

B. The Contractor shall provide notice to the Department within three (3) Days of the discovery by the

Contractor of any breach of security, as defined in Admin. Code § 10-501(b), of any data, encrypted or otherwise, in use by

the Contractor that contains social security numbers or other personal identifying information as defined in Admin. Code §

10-501 (“Personal Identifying Information”), where such breach of security arises out of the acts or omissions of the

Contractor or its employees, subcontractors, or agents. Upon the discovery of such security breach, the Contractor shall

take reasonable steps to remediate the cause or causes of such breach, and shall provide notice to the Department of such

steps. In the event of such breach of security, without limiting any other right of the City, the City shall have the right to

withhold further payments under this Agreement for the purpose of set-off in sufficient sums to cover the costs of

notifications and/or other actions mandated by any Law, or administrative or judicial order, to address the breach, and

including any fines or disallowances imposed by the State or federal government as a result of the disclosure. The City

shall also have the right to withhold further payments hereunder for the purpose of set-off in sufficient sums to cover the

costs of credit monitoring services for the victims of such a breach of security by a national credit reporting agency, and/or

any other commercially reasonable preventive measure. The Department shall provide the Contractor with written notice

and an opportunity to comment on such measures prior to implementation. Alternatively, at the City’s discretion, or if

monies remaining to be earned or paid under this Agreement are insufficient to cover the costs detailed above, the

Contractor shall pay directly for the costs, detailed above, if any.

C. The Contractor shall restrict access to confidential information to persons who have a legitimate work

related purpose to access such information. The Contractor agrees that it will instruct its officers, employees, and agents to


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maintain the confidentiality of any and all information required to be kept confidential by this Agreement.

D. The Contractor, and its officers, employees, and agents shall notify the Department, at any time either

during or after completion or termination of this Agreement, of any intended statement to the press or any intended issuing

of any material for publication in any media of communication (print, news, television, radio, Internet, etc.) regarding the

services provided or the data collected pursuant to this Agreement at least twenty-four (24) hours prior to any statement to

the press or at least five (5) business Days prior to the submission of the material for publication, or such shorter periods as

are reasonable under the circumstances. The Contractor may not issue any statement or submit any material for publication

that includes confidential information as prohibited by this Section 5.08.

E. At the request of the Department, the Contractor shall return to the Department any and all confidential

information in the possession of the Contractor or its subcontractors. If the Contractor or its subcontractors are legally

required to retain any confidential information, the Contractor shall notify the Department in writing and set forth the

confidential information that it intends to retain and the reasons why it is legally required to retain such information. The

Contractor shall confer with the Department, in good faith, regarding any issues that arise from the Contractor retaining

such confidential information. If the Department does not request such information, or the Law does not require otherwise,

such information shall be maintained in accordance with the requirements set forth in Section 5.02.

F. A breach of this Section shall constitute a material breach of this Agreement for which the Department

may terminate this Agreement pursuant to Article 10. The Department reserves any and all other rights and remedies in the

event of unauthorized disclosure.

ARTICLE 6 - COPYRIGHTS,

PATENTS, INVENTIONS, AND ANTITRUST

Section 6.01 Copyrights

A. Any reports, documents, data, photographs, deliverables, and/or other materials produced pursuant to this

Agreement, and any and all drafts and/or other preliminary materials in any format related to such items produced pursuant

to this Agreement, shall upon their creation become the exclusive property of the City.

B. Any reports, documents, data, photographs, deliverables, and/or other materials provided pursuant to this

Agreement (“Copyrightable Materials”) shall be considered “work-made-for-hire” within the meaning and purview of

Section 101 of the United States Copyright Act, 17 U.S.C. § 101, and the City shall be the copyright owner thereof and of

all aspects, elements and components thereof in which copyright protection might exist. To the extent that the

Copyrightable Materials do not qualify as “work-made-for-hire,” the Contractor hereby irrevocably transfers, assigns and

conveys exclusive copyright ownership in and to the Copyrightable Materials to the City, free and clear of any liens,

claims, or other encumbrances. The Contractor shall retain no copyright or intellectual property interest in the

Copyrightable Materials. The Copyrightable Materials shall be used by the Contractor for no purpose other than in the

performance of this Agreement without the prior written permission of the City. The Department may grant the Contractor

a license to use the Copyrightable Materials on such terms as determined by the Department and set forth in the license.

C. The Contractor acknowledges that the City may, in its sole discretion, register copyright in the

Copyrightable Materials with the United States Copyright Office or any other government agency authorized to grant

copyright registrations. The Contractor shall fully cooperate in this effort, and agrees to provide any and all documentation

necessary to accomplish this.

D. The Contractor represents and warrants that the Copyrightable Materials: (i) are wholly original material

not published elsewhere (except for material that is in the public domain); (ii) do not violate any copyright Law; (iii) do not

constitute defamation or invasion of the right of privacy or publicity; and (iv) are not an infringement, of any kind, of the

rights of any third party. To the extent that the Copyrightable Materials incorporate any non-original material, the

Contractor has obtained all necessary permissions and clearances, in writing, for the use of such non-original material under

this Agreement, copies of which shall be provided to the City upon execution of this Agreement.

E. If the services under this Agreement are supported by a federal grant of funds, the federal and State

government reserves a royalty-free, non-exclusive irrevocable license to reproduce, publish, or otherwise use and to

authorize others to use, for federal or State government purposes, the copyright in any Copyrightable Materials developed

under this Agreement.

F. If the Contractor publishes a work dealing with any aspect of performance under this Agreement, or with

the results of such performance, the City shall have a royalty-free, non-exclusive irrevocable license to reproduce, publish,


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or otherwise use such work for City governmental purposes.

Section 6.02 Patents and Inventions

The Contractor shall promptly and fully report to the Department any discovery or invention arising out of or

developed in the course of performance of this Agreement. If the services under this Agreement are supported by a federal

grant of funds, the Contractor shall promptly and fully report to the federal government for the federal government to make

a determination as to whether patent protection on such invention shall be sought and how the rights in the invention or

discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the

public interest.

Section 6.03 Pre-existing Rights

In no case shall Sections 6.01 and 6.02 apply to, or prevent the Contractor from asserting or protecting its rights in

any discovery, invention, report, document, data, photograph, deliverable, or other material in connection with or produced

pursuant to this Agreement that existed prior to or was developed or discovered independently from the activities directly

related to this Agreement.

Section 6.04 Antitrust

The Contractor hereby assigns, sells, and transfers to the City all right, title and interest in and to any claims and

causes of action arising under the antitrust laws of the State or of the United States relating to the particular goods or

services procured by the City under this Agreement.

ARTICLE 7 - INSURANCE

Section 7.01 Agreement to Insure

The Contractor shall not commence performing services under this Agreement unless and until all insurance

required by this Article is in effect, and shall ensure continuous insurance coverage in the manner, form, and limits required

by this Article throughout the term of the Agreement.

Section 7.02 Commercial General Liability Insurance

A. The Contractor shall maintain Commercial General Liability Insurance covering the Contractor as Named

Insured and the City as an Additional Insured in the amount of at least One Million Dollars ($1,000,000) per occurrence.

Such insurance shall protect the City and the Contractor from claims for property damage and/or bodily injury, including

death that may arise from any of the operations under this Agreement. Coverage under this insurance shall be at least as

broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001, and shall be

"occurrence" based rather than “claims-made.”

B. Such Commercial General Liability Insurance shall name the City, together with its officials and

employees, as an Additional Insured with coverage at least as broad as the most recently issued ISO Form CG 20 10.

Section 7.03 Professional Liability Insurance

A. The Contractor is providing professional services pursuant to this Agreement. The Contractor shall

maintain and submit evidence of Professional Liability Insurance appropriate to the type(s) of such services to be provided

under this Agreement in the amount of at least One Million Dollars ($1,000,000) per claim. The policy or policies shall

include an endorsement to cover the liability assumed by the Contractor under this Agreement arising out of the negligent

performance of professional services or caused by an error, omission or negligent act of the Contractor or anyone employed

by the Contractor.

B. All subcontractors of the Contractor providing professional services under this Agreement shall also

maintain Professional Liability Insurance in the amount of at least One Million Dollars ($1,000,000) per claim, and the

Contractor shall provide to the Department, at the time of the request for subcontractor approval, evidence of such

Professional Liability Insurance on forms acceptable to the Department.


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C. Claims-made policies will be accepted for Professional Liability Insurance. All such policies shall have

an extended reporting period option or automatic coverage of not less than two (2) years. If available as an option, the

Contractor shall purchase extended reporting period coverage effective on cancellation or termination of such insurance

unless a new policy is secured with a retroactive date, including at least the last policy year.

Section 7.04 Workers’ Compensation, Disability Benefits, and Employer’s Liability Insurance

The Contractor shall maintain, and ensure that each subcontractor maintains, Workers’ Compensation Insurance,

Disability Benefits Insurance, and Employer’s Liability Insurance in accordance with the Laws of the State on behalf of, or

with regard to, all employees providing services under this Agreement.

Section 7.05 Unemployment Insurance

To the extent required by Law, the Contractor shall provide Unemployment Insurance for its employees.

Section 7.06 Business Automobile Liability Insurance

A. If vehicles are used in the provision of services under this Agreement, then the Contractor shall maintain

Business Automobile Liability insurance in the amount of at least One Million Dollars ($1,000,000) each accident

combined single limit for liability arising out of ownership, maintenance or use of any owned, non-owned, or hired vehicles

to be used in connection with this Agreement. Coverage shall be at least as broad as the most recently issued ISO Form

CA0001.

B. If vehicles are used for transporting hazardous materials, the Business Automobile Liability Insurance

shall be endorsed to provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as

proof of MCS-90.

Section 7.07 General Requirements for Insurance Coverage and Policies

A. All required insurance policies shall be maintained with companies that may lawfully issue the required

policy and have an A.M. Best rating of at least A- / “VII” or a Standard and Poor’s rating of at least A, unless prior written

approval is obtained from the City Law Department.

B. All insurance policies shall be primary (and non-contributing) to any insurance or self-insurance

maintained by the City.

C. The Contractor shall be solely responsible for the payment of all premiums for all required insurance

policies and all deductibles or self-insured retentions to which such policies are subject, whether or not the City is an

insured under the policy.

D. There shall be no self-insurance program with regard to any insurance required under this Article unless

approved in writing by the Commissioner. Any such self-insurance program shall provide the City with all rights that

would be provided by traditional insurance required under this Article, including but not limited to the defense obligations

that insurers are required to undertake in liability policies.

E. The City’s limits of coverage for all types of insurance required under this Article shall be the greater of

(i) the minimum limits set forth in this Article or (ii) the limits provided to the Contractor as Named Insured under all

primary, excess, and umbrella policies of that type of coverage.

Section 7.08 Proof of Insurance

A. For Workers’ Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability

Insurance, the Contractor shall file one of the following within ten (10) Days of award of this Agreement. ACORD forms

are not acceptable proof of workers’ compensation coverage.

1. C-105.2 Certificate of Workers’ Compensation Insurance;

2. U-26.3 -- State Insurance Fund Certificate of Workers’ Compensation Insurance;

3. Request for WC/DB Exemption (Form CE-200);

4. Equivalent or successor forms used by the New York State Workers’ Compensation Board; or


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5. Other proof of insurance in a form acceptable to the City.

B. For each policy required under this Agreement, except for Workers’ Compensation Insurance, Disability

Benefits Insurance, Employer’s Liability Insurance, and Unemployment Insurance, the Contractor shall file a Certificate of

Insurance with the Department within ten (10) Days of award of this Agreement. All Certificates of Insurance shall be (a)

in a form acceptable to the City and certify the issuance and effectiveness of such policies of insurance, each with the

specified minimum limits; and (b) accompanied by the endorsement in the Contractor’s general liability policy by which

the City has been made an additional insured pursuant to Section 7.02(B). All Certificate(s) of Insurance shall be

accompanied by the required additional insured endorsement and either a duly executed “Certification by Insurance Broker

or Agent” in the form attached to this Appendix A or copies of all policies referenced in such Certificate of Insurance as

certified by an authorized representative of the issuing insurance carrier. If complete policies have not yet been issued,

binders are acceptable, until such time as the complete policies have been issued, at which time such policies shall be

submitted.

C. Certificates of Insurance confirming renewals of insurance shall be submitted to the Commissioner prior

to the expiration date of coverage of policies required under this Article. Such Certificates of Insurance shall comply with

the requirements of Section 7.08 (A) and Section 7.08(B), as applicable.

D. The Contractor shall provide the City with a copy of any policy required under this Article upon the

demand for such policy by the Commissioner or the New York City Law Department.

E. Acceptance by the Commissioner of a certificate or a policy does not excuse the Contractor from

maintaining policies consistent with all provisions of this Article (and ensuring that subcontractors maintain such policies)

or from any liability arising from its failure to do so.

F. In the event the Contractor receives notice, from an insurance company or other person, that any

insurance policy required under this Article shall expire or be cancelled or terminated for any reason, the Contractor shall

immediately forward a copy of such notice to both the Commissioner [insert Agency name and appropriate address],

and the New York City Comptroller, Attn: Office of Contract Administration, Municipal Building, One Centre Street,

Room 1005, New York, New York 10007.

Section 7.09 Miscellaneous

A. Whenever notice of loss, damage, occurrence, accident, claim or suit is required under a general liability

policy maintained in accordance with this Article, the Contractor shall provide the insurer with timely notice thereof on

behalf of the City. Such notice shall be given even where the Contractor may not have coverage under such policy (for

example, where one of Contractor’s employees was injured). Such notice shall expressly specify that “this notice is being

given on behalf of the City of New York as Additional Insured” and contain the following information: the number of the

insurance policy; the name of the named insured; the date and location of the damage, occurrence, or accident; the identity

of the persons or things injured, damaged, or lost; and the title of the claim or suit, if applicable. The Contractor shall

simultaneously send a copy of such notice to the City of New York c/o Insurance Claims Specialist, Affirmative Litigation

Division, New York City Law Department, 100 Church Street, New York, New York 10007. If the Contractor fails to

comply with the requirements of this paragraph, the Contractor shall indemnify the City for all losses, judgments,

settlements and expenses, including reasonable attorneys’ fees, arising from an insurer’s disclaimer of coverage citing late

notice by or on behalf of the City.

B. The Contractor’s failure to maintain any of the insurance required by this Article shall constitute a

material breach of this Agreement. Such breach shall not be waived or otherwise excused by any action or inaction by the

City at any time.

C. Insurance coverage in the minimum amounts required in this Article shall not relieve the Contractor or its

subcontractors of any liability under this Agreement, nor shall it preclude the City from exercising any rights or taking such

other actions as are available to it under any other provisions of this Agreement or Law.

D. The Contractor waives all rights against the City, including its officials and employees for any damages

or losses that are covered under any insurance required under this Article (whether or not such insurance is actually

procured or claims are paid thereunder) or any other insurance applicable to the operations of the Contractor and/or its

subcontractors in the performance of this Agreement.

E. In the event the Contractor requires any subcontractor to procure insurance with regard to any operations

under this Agreement and requires such subcontractor to name the Contractor as an additional insured under such


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insurance, the Contractor shall ensure that such entity also name the City, including its officials and employees, as an

additional insured with coverage at least as broad as the most recently issued ISO form CG 20 26.

ARTICLE 8 - PROTECTION OF PERSONS AND PROPERTY

AND INDEMNIFICATION

Section 8.01 Reasonable Precautions

The Contractor shall take all reasonable precautions to protect all persons and the property of the City and of

others from damage, loss or injury resulting from the Contractor’s and/or its subcontractors’ operations under this

Agreement.

Section 8.02 Protection of City Property

The Contractor assumes the risk of, and shall be responsible for, any loss or damage to City property, including

property and equipment leased by the City, used in the performance of this Agreement, where such loss or damage is

caused by any tortious act, or failure to comply with the provisions of this Agreement or of Law by the Contractor, its

officers, employees, agents or subcontractors.

Section 8.03 Indemnification

The Contractor shall defend, indemnify and hold the City, its officers and employees harmless from any and all

claims or judgments for damages on account of any injuries or death to any person or damage to any property and from

costs and expenses to which the City, its officers and employees may be subjected or which it may suffer or incur allegedly

arising out of or in connection with any operations of the Contractor and/or its subcontractors to the extent resulting from

any negligent act of commission or omission, any intentional tortious act, or failure to comply with the provisions of this

Agreement or of the Laws. Insofar as the facts or Law relating to any claim would preclude the City from being completely

indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent permitted by

Law. In the event the Contractor fails to provide a defense of the City of a claim upon demand, the Contractor shall

reimburse the City for all reasonable attorney's fees and expenses. Notwithstanding the above, where a claim relates

exclusively to the negligent performance of professional services, the Contractor is not obligated to provide the City or its

officers and employees with a defense or reimbursement for attorney’s fees.

Section 8.04 Infringement Indemnification

The Contractor shall defend, indemnify and hold the City harmless from any and all claims (even if the allegations

of the lawsuit are without merit) or judgments for damages and from costs and expenses to which the City may be subject

to or which it may suffer or incur allegedly arising out of or in connection with any infringement by the Contractor of any

copyright, trade secrets, trademark or patent rights or any other property or personal right of any third party by the

Contractor and/or its subcontractors in the performance of this Agreement. The Contractor shall defend, indemnify, and

hold the City harmless regardless of whether or not the alleged infringement arises out of compliance with the Agreement’s

scope of services/scope of work. Insofar as the facts or Law relating to any claim would preclude the City from being

completely indemnified by the Contractor, the City shall be partially indemnified by the Contractor to the fullest extent

permitted by Law.

Section 8.05 Indemnification Obligations Not Limited By Insurance Obligation

The indemnification provisions set forth in this Article shall not be limited in any way by the Contractor’s

obligations to obtain and maintain insurance as provided in this Agreement.

Section 8.06 Actions By or Against Third Parties

A. In the event any claim is made or any action brought in any way relating to Agreement, other than an

action between the City and the Contractor, the Contractor shall diligently render to the City without additional

compensation all assistance which the City may reasonably require of the Contractor.

B. The Contractor shall report to the Department in writing within five (5) business Days of the initiation by


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or against the Contractor of any legal action or proceeding in connection with or relating to this Agreement.

Section 8.07 Withholding of Payments

A. In the event that any claim is made or any action is brought against the City for which the Contractor may

be required to indemnify the City pursuant to this Agreement, the City shall have the right to withhold further payments

under this Agreement for the purpose of set-off in sufficient sums to cover the said claim or action.

B. In the event that any City property is lost or damaged as set forth in Section 8.02, except for normal wear

and tear, the City shall have the right to withhold further payments under this Agreement for the purpose of set-off in

sufficient sums to cover such loss or damage.

C. The City shall not, however, impose a setoff in the event that an insurance company that provided

liability insurance pursuant to Article 7 above has accepted the City's tender of the claim or action without a reservation of

rights.

D. The Department may, at its option, withhold for purposes of set-off any monies due to the Contractor

under this Agreement up to the amount of any disallowances or questioned costs resulting from any audits of the Contractor

or to the amount of any overpayment to the Contractor with regard to this Agreement.

E. The rights and remedies of the City provided for in this Section shall not be exclusive and are in addition

to any other rights and remedies provided by Law or this Agreement.

Section 8.08 No Third Party Rights

The provisions of this Agreement shall not be deemed to create any right of action in favor of third parties against

the Contractor or the City or their respective officers and employees.

ARTICLE 9 - CONTRACT CHANGES

Section 9.01 Contract Changes

Changes to this Agreement may be made only as duly authorized by the ACCO or his or her designee and in

accordance with the PPB Rules. Any amendment or change to this Agreement shall not be valid unless made in writing and

signed by authorized representatives of both parties. Contractors deviating from the requirements of this Agreement

without a duly approved and executed change order document, or written contract modification or amendment, do so at

their own risk.

Section 9.02 Changes Through Fault of Contractor

In the event that any change is required in the data, documents, deliverables, or other services to be provided under

this Agreement because of negligence or error of the Contractor, no additional compensation shall be paid to the Contractor

for making such change, and the Contractor is obligated to make such change without additional compensation.

ARTICLE 10 - TERMINATION, DEFAULT, AND REDUCTIONS IN FUNDING

Section 10.01 Termination by the City Without Cause

A. The City shall have the right to terminate this Agreement, in whole or in part, without cause, in

accordance with the provisions of Section 10.05.

B. If the City terminates this Agreement pursuant to this Section, the following provisions apply. The City

shall not incur or pay any further obligation pursuant to this Agreement beyond the termination date set by the City

pursuant to Section 10.05. The City shall pay for services provided in accordance with this Agreement prior to the

termination date. In addition, any obligation necessarily incurred by the Contractor on account of this Agreement prior to

receipt of notice of termination and falling due after the termination date shall be paid by the City in accordance with the

terms of this Agreement. In no event shall such obligation be construed as including any lease or other occupancy

agreement, oral or written, entered into between the Contractor and its landlord.


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Section 10.02 Reductions in Federal, State and/or City Funding

A. This Agreement is funded in whole or in part by funds secured from the federal, State and/or City

governments. Should there be a reduction or discontinuance of such funds by action of the federal, State and/or City

governments, the City shall have, in its sole discretion, the right to terminate this Agreement in whole or in part, or to

reduce the funding and/or level of services of this Agreement caused by such action by the federal, State and/or City

governments, including, in the case of the reduction option, but not limited to, the reduction or elimination of programs,

services or service components; the reduction or elimination of contract-reimbursable staff or staff-hours, and

corresponding reductions in the budget of this Agreement and in the total amount payable under this Agreement. Any

reduction in funds pursuant to this Section shall be accompanied by an appropriate reduction in the services performed

under this Agreement.

B. In the case of the reduction option referred to in Paragraph A, above, any such reduction shall be effective

as of the date set forth in a written notice thereof to the Contractor, which shall be not less than thirty (30) Days from the

date of such notice. Prior to sending such notice of reduction, the Department shall advise the Contractor that such option

is being exercised and afford the Contractor an opportunity to make within seven (7) Days any suggestion(s) it may have as

to which program(s), service(s), service component(s), staff or staff-hours might be reduced or eliminated, provided,

however, that the Department shall not be bound to utilize any of the Contractor’s suggestions and that the Department

shall have sole discretion as to how to effectuate the reductions.

C. If the City reduces funding pursuant to this Section, the following provisions apply. The City shall pay

for services provided in accordance with this Agreement prior to the reduction date. In addition, any obligation necessarily

incurred by the Contractor on account of this Agreement prior to receipt of notice of reduction and falling due after the

reduction date shall be paid by the City in accordance with the terms of this Agreement. In no event shall such obligation

be construed as including any lease or other occupancy agreement, oral or written, entered into between the Contractor and

its landlord.

D. To the extent that the reduction in public funds is a result of the State determining that the Contractor may

receive medical assistance funds pursuant to title eleven of article five of the Social Services Law to fund the services

contained within the scope of a program under this Agreement, then the notice and effective date provisions of this section

shall not apply, and the Department may reduce such public funds authorized under this Agreement by informing the

Contractor of the amount of the reduction and revising attachments to this agreement as appropriate.

Section 10.03 Contractor Default

A. The City shall have the right to declare the Contractor in default:

1. Upon a breach by the Contractor of a material term or condition of this Agreement, including

unsatisfactory performance of the services;

2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either

voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or

composition of the Contractor for the benefit of creditors;

3. If the Contractor refuses or fails to proceed with the services under the Agreement when and as

directed by the Commissioner;

4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater

shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after

execution of the Agreement under any state or federal law of any of the following:

a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private

contract;

b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving

stolen property;

c. a criminal violation of any state or federal antitrust law;

d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the

Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of bids or

proposals for a public or private contract;


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e. conspiracy to commit any act or omission that would constitute grounds for conviction or liability

under any statute described in subparagraph (d) above; or

f. an offense indicating a lack of business integrity that seriously and directly affects responsibility as

a City vendor.


shareholders, principals, or other employee or person substantially involved in its activities are subject to a judgment of

civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or

proposals for a public or private contract; or


shareholders, principals, or other employee or person substantially involved in its activities makes or causes to be made any

false, deceptive, or fraudulent material statement, or fail to make a required material statement in any bid, proposal, or

application for City or other government work.

B. The right to declare the Contractor in default shall be exercised by sending the Contractor a written notice

of the conditions of default, signed by the Commissioner, setting forth the ground or grounds upon which such default is

declared (“Notice to Cure”). The Contractor shall have ten (10) Days from receipt of the Notice to Cure or any longer

period that is set forth in the Notice to Cure to cure the default. The Commissioner may temporarily suspend services under

the Agreement pending the outcome of the default proceedings pursuant to this Section.

C. If the conditions set forth in the Notice to Cure are not cured within the period set forth in the Notice to

Cure, the Commissioner may declare the Contractor in default pursuant to this Section. Before the Commissioner may

exercise his or her right to declare the Contractor in default, the Commissioner shall give the Contractor an opportunity to

be heard upon not less than five (5) business Days’ notice. The Commissioner may, in his or her discretion, provide for

such opportunity to be in writing or in person. Such opportunity to be heard shall not occur prior to the end of the cure

period but notice of such opportunity to be heard may be given prior to the end of the cure period and may be given

contemporaneously with the Notice to Cure.

D. After the opportunity to be heard, the Commissioner may terminate the Agreement, in whole or in part,

upon finding the Contractor in default pursuant to this Section, in accordance with the provisions of Section 10.05.

E. The Commissioner, after declaring the Contractor in default, may have the services under the Agreement

completed by such means and in such manner, by contract with or without public letting, or otherwise, as he or she may

deem advisable in accordance with applicable PPB Rules. After such completion, the Commissioner shall certify the

expense incurred in such completion, which shall include the cost of re-letting. Should the expense of such completion, as

certified by the Commissioner, exceed the total sum which would have been payable under the Agreement if it had been

completed by the Contractor, any excess shall be promptly paid by the Contractor upon demand by the City. The excess

expense of such completion, including any and all related and incidental costs, as so certified by the Commissioner, and any

liquidated damages assessed against the Contractor, may be charged against and deducted out of monies earned by the

Contractor.

Section 10.04 Force Majeure

A. For purposes of this Agreement, a force majeure event is an act or event beyond the control and without

any fault or negligence of the Contractor (“Force Majeure Event”). Such events may include, but are not limited to, fire,

flood, earthquake, storm or other natural disaster, civil commotion, war, terrorism, riot, and labor disputes not brought

about by any act or omission of the Contractor.

B. In the event the Contractor cannot comply with the terms of the Agreement (including any failure by the

Contractor to make progress in the performance of the services) because of a Force Majeure Event, then the Contractor may

ask the Commissioner to excuse the nonperformance and/or terminate the Agreement. If the Commissioner, in his or her

reasonable discretion, determines that the Contractor cannot comply with the terms of the Agreement because of a Force

Majeure Event, then the Commissioner shall excuse the nonperformance and may terminate the Agreement. Such a

termination shall be deemed to be without cause.

C. If the City terminates the Agreement pursuant to this Section, the following provisions apply. The City

shall not incur or pay any further obligation pursuant to this Agreement beyond the termination date. The City shall pay for

services provided in accordance with this Agreement prior to the termination date. Any obligation necessarily incurred by

the Contractor on account of this Agreement prior to receipt of notice of termination and falling due after the termination


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date shall be paid by the City in accordance with the terms of this Agreement. In no event shall such obligation be

construed as including any lease or other occupancy agreement, oral or written, entered into between the Contractor and its

landlord.

Section 10.05 Procedures for Termination

A. The Department and/or the City shall give the Contractor written notice of any termination of this

Agreement. Such notice shall specify the applicable provision(s) under which the Agreement is terminated and the

effective date of the termination. Except as otherwise provided in this Agreement, the notice shall comply with the

provisions of this Section. For termination without cause, the effective date of the termination shall not be less than ten

(10) Days from the date the notice is personally delivered, or fifteen (15) Days from the date the notice is either sent by

certified mail, return receipt requested, or sent by fax and deposited in a post office box regularly maintained by the United

States Postal Service in a postage pre-paid envelope. In the case of termination for default, the effective date of the

termination shall be as set forth above for a termination without cause or such earlier date as the Commissioner may

determine. If the City terminates the Agreement in part, the Contractor shall continue the performance of the Agreement to

the extent not terminated.

B. Upon termination or expiration of this Agreement, the Contractor shall comply with the City close-out

procedures, including but not limited to:

1. Accounting for and refunding to the Department, within forty-five (45) Days, any unexpended

funds which have been advanced to the Contractor pursuant to this Agreement;

2. Furnishing within forty-five (45) Days an inventory to the Department of all equipment,

appurtenances and property purchased through or provided under this Agreement and carrying out any Department or City

directive concerning the disposition of such equipment, appurtenances and property;

3. Turning over to the Department or its designees all books, records, documents and material

specifically relating to this Agreement that the Department has requested be turned over;

4. Submitting to the Department, within ninety (90) Days, a final statement and report relating to

the Agreement. The report shall be made by a certified public accountant or a licensed public accountant; and

5. Providing reasonable assistance to the Department in the transition, if any, to a new contractor.

Section 10.06 Miscellaneous Provisions

A. The Commissioner, in addition to any other powers set forth in this Agreement or by operation of Law,

may suspend, in whole or in part, any part of the services to be provided under this Agreement whenever in his or her

judgment such suspension is required in the best interest of the City. If the Commissioner suspends this Agreement

pursuant to this Section, the City shall not incur or pay any further obligation pursuant to this Agreement beyond the

suspension date until such suspension is lifted. The City shall pay for services provided in accordance with this Agreement

prior to the suspension date. In addition, any obligation necessarily incurred by the Contractor on account of this

Agreement prior to receipt of notice of suspension and falling due during the suspension period shall be paid by the City in

accordance with the terms of this Agreement.

B. Notwithstanding any other provisions of this Agreement, the Contractor shall not be relieved of liability

to the City for damages sustained by the City by virtue of the Contractor’s breach of the Agreement, and the City may

withhold payments to the Contractor for the purpose of set-off in the amount of damages due to the City from the

Contractor.

C. The rights and remedies of the City provided in this Article shall not be exclusive and are in addition to

all other rights and remedies provided by Law or under this Agreement.

ARTICLE 11 - PROMPT PAYMENT AND ELECTRONIC FUNDS TRANSFER

Section 11.01 Prompt Payment

A. The prompt payment provisions of PPB Rule § 4-06 are applicable to payments made under this

Agreement. The provisions generally require the payment to the Contractor of interest on payments made after the required


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payment date, as set forth in the PPB Rules.

B. The Contractor shall submit a proper invoice to receive payment, except where the Agreement provides

that the Contractor will be paid at predetermined intervals without having to submit an invoice for each scheduled payment.

C. Determination of interest due will be made in accordance with the PPB Rules and the applicable rate of

interest shall be the rate in effect at the time of payment.

Section 11.02 Electronic Funds Transfer

A. In accordance with Admin. Code § 6-107.1, the Contractor agrees to accept payments under this

Agreement from the City by electronic funds transfer. An electronic funds transfer is any transfer of funds, other than a

transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal,

telephonic instrument or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or

credit an account. Prior to the first payment made under this Agreement, the Contractor shall designate one financial

institution or other authorized payment agent and shall complete the “EFT Vendor Payment Enrollment Form” available

from the Agency or at http://www.nyc.gov/dof in order to provide the commissioner of the Department of Finance with

information necessary for the Contractor to receive electronic funds transfer payments through the designated financial

institution or authorized payment agent. The crediting of the amount of a payment to the appropriate account on the books

of a financial institution or other authorized payment agent designated by the Contractor shall constitute full satisfaction by

the City for the amount of the payment under this Agreement. The account information supplied by the Contractor to

facilitate the electronic funds transfer shall remain confidential to the fullest extent provided by Law.

B. The Agency Head may waive the application of the requirements of this Section to payments on contracts

entered into pursuant to Charter § 315. In addition, the commissioner of the Department of Finance and the Comptroller

may jointly issue standards pursuant to which the Agency may waive the requirements of this Section for payments in the

following circumstances: (i) for individuals or classes of individuals for whom compliance imposes a hardship; (ii) for

classifications or types of checks; or (iii) in other circumstances as may be necessary in the best interest of the City.

C. This Section is applicable to contracts valued at Twenty-Five Thousand Dollars ($25,000) and above.

ARTICLE 12 - CLAIMS

Section 12.01 Choice of Law

This Agreement shall be deemed to be executed in the City and State of New York, regardless of the domicile of

the Contractor, and shall be governed by and construed in accordance with the Laws of the State of New York

(notwithstanding New York choice of law or conflict of law principles) and the Laws of the United States, where

applicable.

Section 12.02 Jurisdiction and Venue

The parties agree that any and all claims asserted by or against the City arising under or related to this Agreement

shall solely be heard and determined either in the courts of the United States located in the City or in the courts of the State

located in the City and County of New York. The parties shall consent to the dismissal and/or transfer of any claims

asserted in any other venue or forum to the proper venue or forum. If the Contractor initiates any action in breach of this

Section, the Contractor shall be responsible for and shall promptly reimburse the City for any attorneys’ fees incurred by

the City in removing the action to a proper court consistent with this Section.

Section 12.03 Resolution of Disputes

A. Except as provided in Subparagraphs (A)(1) and (A)(2) below, all disputes between the City and the

Contractor that arise under, or by virtue of, this Agreement shall be finally resolved in accordance with the provisions of

this Section and PPB Rule § 4-09. This procedure shall be the exclusive means of resolving any such disputes.

1. This Section shall not apply to disputes concerning matters dealt with in other sections of the

PPB Rules or to disputes involving patents, copyrights, trademarks, or trade secrets (as interpreted by the courts of New

York State) relating to proprietary rights in computer software, or to termination other than for cause.


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2. For construction and construction-related services this Section shall apply only to disputes about

the scope of work delineated by the Agreement, the interpretation of Agreement documents, the amount to be paid for extra

work or disputed work performed in connection with the Agreement, the conformity of the Contractor’s work to the

Agreement, and the acceptability and quality of the Contractor’s work; such disputes arise when the City Engineer, City

Resident Engineer, City Engineering Audit Officer, or other designee of the Agency Head makes a determination with

which the Contractor disagrees. For construction, this Section shall not apply to termination of the Agreement for cause or

other than for cause.

B. All determinations required by this Section shall be clearly stated, with a reasoned explanation for the

determination based on the information and evidence presented to the party making the determination. Failure to make

such determination within the time required by this Section shall be deemed a non-determination without prejudice that will

allow application to the next level.

C. During such time as any dispute is being presented, heard, and considered pursuant to this Section, the

Agreement terms shall remain in full force and effect and, unless otherwise directed by the ACCO or Engineer, the

Contractor shall continue to perform work in accordance with the Agreement and as directed by the ACCO or City

Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee of the Agency Head. Failure of the

Contractor to continue the work as directed shall constitute a waiver by the Contractor of any and all claims being presented

pursuant to this Section and a material breach of contract.

D. Presentation of Dispute to Agency Head.

1. Notice of Dispute and Agency Response. The Contractor shall present its dispute in writing

(“Notice of Dispute”) to the Agency Head within the time specified herein, or, if no time is specified, within thirty (30)

Days of receiving written notice of the determination or action that is the subject of the dispute. This notice requirement

shall not be read to replace any other notice requirements contained in the Agreement. The Notice of Dispute shall include

all the facts, evidence, documents, or other basis upon which the Contractor relies in support of its position, as well as a

detailed computation demonstrating how any amount of money claimed by the Contractor in the dispute was arrived at.

Within thirty (30) Days after receipt of the complete Notice of Dispute, the ACCO or, in the case of construction or

construction-related services, the City Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee

of the Agency Head, shall submit to the Agency Head all materials he or she deems pertinent to the dispute. Following

initial submissions to the Agency Head, either party may demand of the other the production of any document or other

material the demanding party believes may be relevant to the dispute. The requested party shall produce all relevant

materials that are not otherwise protected by a legal privilege recognized by the courts of New York State. Any question of

relevancy shall be determined by the Agency Head whose decision shall be final. Willful failure of the Contractor to

produce any requested material whose relevancy the Contractor has not disputed, or whose relevancy has been affirmatively

determined, shall constitute a waiver by the Contractor of its claim.

2. Agency Head Inquiry. The Agency Head shall examine the material and may, in his or her

discretion, convene an informal conference with the Contractor and the ACCO and, in the case of construction or


of the Agency Head, to resolve the issue by mutual consent prior to reaching a determination. The Agency Head may seek

such technical or other expertise as he or she shall deem appropriate, including the use of neutral mediators, and require any

such additional material from either or both parties as he or she deems fit. The Agency Head’s ability to render, and the

effect of, a decision hereunder shall not be impaired by any negotiations in connection with the dispute presented, whether

or not the Agency Head participated therein. The Agency Head may or, at the request of any party to the dispute, shall

compel the participation of any other contractor with a contract related to the work of this Agreement and that contractor

shall be bound by the decision of the Agency Head. Any contractor thus brought into the dispute resolution proceeding

shall have the same rights and obligations under this Section as the Contractor initiating the dispute.

3. Agency Head Determination. Within thirty (30) Days after the receipt of all materials and

information, or such longer time as may be agreed to by the parties, the Agency Head shall make his or her determination

and shall deliver or send a copy of such determination to the Contractor and ACCO and, in the case of construction or


of the Agency Head, together with a statement concerning how the decision may be appealed.

4. Finality of Agency Head Decision. The Agency Head’s decision shall be final and binding on

all parties, unless presented to the Contract Dispute Resolution Board (“CDRB”) pursuant to this Section. The City may not

take a petition to the CDRB. However, should the Contractor take such a petition, the City may seek, and the CDRB may

render, a determination less favorable to the Contractor and more favorable to the City than the decision of the Agency


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Head.

E. Presentation of Dispute to the Comptroller. Before any dispute may be brought by the Contractor to the

CDRB, the Contractor must first present its claim to the Comptroller for his or her review, investigation, and possible

adjustment.

1. Time, Form, and Content of Notice. Within thirty (30) Days of receipt of a decision by the

Agency Head, the Contractor shall submit to the Comptroller and to the Agency Head a Notice of Claim regarding its

dispute with the Agency. The Notice of Claim shall consist of (i) a brief statement of the substance of the dispute, the

amount of money, if any, claimed and the reason(s) the Contractor contends the dispute was wrongly decided by the

Agency Head; (ii) a copy of the decision of the Agency Head; and (iii) a copy of all materials submitted by the Contractor

to the Agency, including the Notice of Dispute. The Contractor may not present to the Comptroller any material not

presented to the Agency Head, except at the request of the Comptroller.

2. Agency Response. Within thirty (30) Days of receipt of the Notice of Claim, the Agency shall

make available to the Comptroller a copy of all material submitted by the Agency to the Agency Head in connection with

the dispute. The Agency may not present to the Comptroller any material not presented to the Agency Head, except at the

request of the Comptroller.

3. Comptroller Investigation. The Comptroller may investigate the claim in dispute and, in the

course of such investigation, may exercise all powers provided in Admin. Code §§ 7-201 and 7-203. In addition, the

Comptroller may demand of either party, and such party shall provide, whatever additional material the Comptroller deems

pertinent to the claim, including original business records of the Contractor. Willful failure of the Contractor to produce

within fifteen (15) Days any material requested by the Comptroller shall constitute a waiver by the Contractor of its claim.

The Comptroller may also schedule an informal conference to be attended by the Contractor, Agency representatives, and

any other personnel desired by the Comptroller.

4. Opportunity of Comptroller to Compromise or Adjust Claim. The Comptroller shall have forty-

five (45) Days from his or her receipt of all materials referred to in Paragraph (E)(3) above to investigate the disputed

claim. The period for investigation and compromise may be further extended by agreement between the Contractor and the

Comptroller, to a maximum of ninety (90) Days from the Comptroller’s receipt of all the materials. The Contractor may

not present its petition to the CDRB until the period for investigation and compromise delineated in this Paragraph has

expired. In compromising or adjusting any claim hereunder, the Comptroller may not revise or disregard the terms of the

Agreement.

F. Contract Dispute Resolution Board. There shall be a Contract Dispute Resolution Board composed of:

1. the chief administrative law judge of the Office of Administrative Trials and Hearings

(“OATH”) or his or her designated OATH administrative law judge, who shall act as chairperson, and may adopt

operational procedures and issue such orders consistent with this Section as may be necessary in the execution of the

CDRB’s functions, including, but not limited to, granting extensions of time to present or respond to submissions;

2. the City Chief Procurement Officer (“CCPO”) or his or her designee; any designee shall have

the requisite background to consider and resolve the merits of the dispute and shall not have participated personally and

substantially in the particular matter that is the subject of the dispute or report to anyone who so participated; and

3. a person with appropriate expertise who is not an employee of the City. This person shall be

selected by the presiding administrative law judge from a prequalified panel of individuals, established, and administered

by OATH, with appropriate background to act as decision-makers in a dispute. Such individuals may not have a contract or

dispute with the City or be an officer or employee of any company or organization that does, or regularly represent persons,

companies, or organizations having disputes with the City.

G. Petition to CDRB. In the event the claim has not been settled or adjusted by the Comptroller within the

period provided in this Section, the Contractor, within thirty (30) Days thereafter, may petition the CDRB to review the

Agency Head determination.

1. Form and Content of Petition by the Contractor. The Contractor shall present its dispute to the

CDRB in the form of a petition, which shall include (i) a brief statement of the substance of the dispute, the amount of

money, if any, claimed, and the reason(s) the Contractor contends that the dispute was wrongly decided by the Agency

Head; (ii) a copy of the decision of the Agency Head; (iii) copies of all materials submitted by the Contractor to the

Agency; (iv) a copy of the decision of the Comptroller, if any, and (v) copies of all correspondence with, and material

submitted by the Contractor to, the Comptroller’s Office. The Contractor shall concurrently submit four complete sets of


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the petition: one to the Corporation Counsel (Attn: Commercial and Real Estate Litigation Division), and three to the

CDRB at OATH’s offices, with proof of service on the Corporation Counsel. In addition, the Contractor shall submit a

copy of the statement of the substance of the dispute, cited in (i) above, to both the Agency Head and the Comptroller.

2. Agency Response. Within thirty (30) Days of receipt of the petition by the Corporation Counsel,

the Agency shall respond to the statement of the Contractor and make available to the CDRB all material it submitted to the

Agency Head and Comptroller. Three complete copies of the Agency response shall be submitted to the CDRB at OATH’s

offices and one to the Contractor. Extensions of time for submittal of the Agency response shall be given as necessary

upon a showing of good cause or, upon the consent of the parties, for an initial period of up to thirty (30) Days.

3. Further Proceedings. The CDRB shall permit the Contractor to present its case by submission of

memoranda, briefs, and oral argument. The CDRB shall also permit the Agency to present its case in response to the

Contractor by submission of memoranda, briefs, and oral argument. If requested by the Corporation Counsel, the

Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor the

Agency may support its case with any documentation or other material that was not considered by the Comptroller, unless

requested by the CDRB. The CDRB, in its discretion, may seek such technical or other expert advice as it shall deem

appropriate and may seek, on its own or upon application of a party, any such additional material from any party as it

deems fit. The CDRB, in its discretion, may combine more than one dispute between the parties for concurrent resolution.

4. CDRB Determination. Within forty-five (45) Days of the conclusion of all submissions and oral

arguments, the CDRB shall render a decision resolving the dispute. In an unusually complex case, the CDRB may render

its decision in a longer period of time, not to exceed ninety (90) Days, and shall so advise the parties at the commencement

of this period. The CDRB’s decision must be consistent with the terms of this Agreement. Decisions of the CDRB shall

only resolve matters before the CDRB and shall not have precedential effect with respect to matters not before the CDRB.

5. Notification of CDRB Decision. The CDRB shall send a copy of its decision to the Contractor,

the ACCO, the Corporation Counsel, the Comptroller, the CCPO, and, in the case of construction or construction-related

services, the City Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee of the Agency Head.

A decision in favor of the Contractor shall be subject to the prompt payment provisions of the PPB Rules. The required

payment date shall be thirty (30) Days after the date the parties are formally notified of the CDRB’s decision.

6. Finality of CDRB Decision. The CDRB’s decision shall be final and binding on all parties. Any

party may seek review of the CDRB’s decision solely in the form of a challenge, filed within four months of the date of the

CDRB’s decision, in a court of competent jurisdiction of the State of New York, County of New York pursuant to Article

78 of the Civil Practice Law and Rules. Such review by the court shall be limited to the question of whether or not the

CDRB’s decision was made in violation of lawful procedure, was affected by an error of Law, or was arbitrary and

capricious or an abuse of discretion. No evidence or information shall be introduced or relied upon in such proceeding that

was not presented to the CDRB in accordance with PPB Rules § 4-09.

H. Any termination, cancellation, or alleged breach of the Agreement prior to or during the pendency of any

proceedings pursuant to this Section shall not affect or impair the ability of the Agency Head or CDRB to make a binding

and final decision pursuant to this Section.

Section 12.04 Claims and Actions

A. Any claim against the City or Department based on this Agreement or arising out of this Agreement that

is not subject to dispute resolution under the PPB Rules or this Agreement shall not be made or asserted in any legal

proceeding, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of

information with respect to such claims as provided in this Agreement.

B. No action shall be instituted or maintained on any such claims unless such action shall be commenced

within six (6) months after the date of filing with the Comptroller of the certificate for the final payment under this

Agreement, or within six (6) months of the termination or expiration of this Agreement, or within six (6) months after the

accrual of the cause of action, whichever first occurs.

Section 12.05 No Claim Against Officers, Agents or Employees

No claim shall be made by the Contractor against any officer, agent, or employee of the City in their personal

capacity for, or on account of, anything done or omitted in connection with this Agreement.


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Section 12.06 General Release

The acceptance by the Contractor or its assignees of the final payment under this Agreement, whether by check,

wire transfer, or other means, and whether pursuant to invoice, voucher, judgment of any court of competent jurisdiction or

any other administrative means, shall constitute and operate as a release of the City from any and all claims of and liability

to the Contractor, of which the Contractor was aware or should reasonably have been aware, arising out of the performance

of this Agreement based on actions of the City prior to such acceptance of final payment, excepting any disputes that are

the subject of pending dispute resolution procedures.

Section 12.07 No Waiver

Waiver by either the Department or the Contractor of a breach of any provision of this Agreement shall not be

deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the

Agreement unless and until the same shall be agreed to in writing by the parties as set forth in Section 9.01.

ARTICLE 13 - APPLICABLE LAWS

Section 13.01 PPB Rules

This Agreement is subject to the PPB Rules. In the event of a conflict between the PPB Rules and a provision of

this Agreement, the PPB Rules shall take precedence.

Section 13.02 All Legal Provisions Deemed Included

Each and every provision required by Law to be inserted in this Agreement is hereby deemed to be a part of this

Agreement, whether actually inserted or not.

Section 13.03 Severability / Unlawful Provisions Deemed Stricken

If this Agreement contains any unlawful provision not an essential part of the Agreement and which shall not

appear to have been a controlling or material inducement to the making of this Agreement, the unlawful provision shall be

deemed of no effect and shall, upon notice by either party, be deemed stricken from the Agreement without affecting the

binding force of the remainder.

Section 13.04 Compliance With Laws

The Contractor shall perform all services under this Agreement in accordance with all applicable Laws as are in

effect at the time such services are performed.

Section 13.05 Americans with Disabilities Act (ADA)

A. This Agreement is subject to the provisions of Subtitle A of Title II of the Americans with Disabilities

Act of 1990, 42 U.S.C. § 12131 et seq. (“ADA”) and regulations promulgated pursuant thereto, see 28 CFR Part 35. The

Contractor shall not discriminate against an individual with a disability, as defined in the ADA, in providing services,

programs, or activities pursuant to this Agreement. If directed to do so by the Department to ensure the Contractor’s

compliance with the ADA during the term of this Agreement, the Contractor shall prepare a plan (“Compliance Plan”)

which lists its program site(s) and describes in detail, how it intends to make the services, programs and activities set forth

in the scope of services herein readily accessible and usable by individuals with disabilities at such site(s). In the event that

the program site is not readily accessible and usable by individuals with disabilities, contractor shall also include in the

Compliance Plan, a description of reasonable alternative means and methods that result in making the services, programs or

activities provided under this Agreement, readily accessible to and usable by individuals with disabilities, including but not

limited to people with visual, auditory or mobility disabilities. The Contractor shall submit the Compliance Plan to the

ACCO for review within ten (10) Days after being directed to do so and shall abide by the Compliance Plan and implement

any action detailed in the Compliance Plan to make the services, programs, or activities accessible and usable by the

disabled.

B. The Contractor’s failure to either submit a Compliance Plan as required herein or implement an approved


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Compliance Plan may be deemed a material breach of this Agreement and result in the City terminating this Agreement.

Section 13.06 Not Used

Section 13.07 Participation in an International Boycott

A. The Contractor agrees that neither the Contractor nor any substantially-owned affiliated company is

participating or shall participate in an international boycott in violation of the provisions of the federal Export

Administration Act of 1979, as amended, 50 U.S.C. Appendix. §§ 2401 et seq., or the regulations of the United States

Department of Commerce promulgated thereunder.

B. Upon the final determination by the Commerce Department or any other agency of the United States as

to, or conviction of, the Contractor or a substantially-owned affiliated company thereof, of participation in an international

boycott in violation of the provisions of the Export Administration Act of 1979, as amended, or the regulations promulgated

thereunder, the Comptroller may, at his or her option, render forfeit and void this Agreement.

C. The Contractor shall comply in all respects, with the provisions of Admin. Code § 6-114 and the rules

issued by the Comptroller thereunder.

Section 13.08 MacBride Principles

A. In accordance with and to the extent required by Admin. Code § 6-115.1, the Contractor stipulates that

the Contractor and any individual or legal entity in which the Contractor holds a ten percent (10%) or greater ownership

interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Contractor

either (a) have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any

business operations they have in Northern Ireland in accordance with the MacBride Principles, and shall permit

independent monitoring of their compliance with such principles.

B. The Contractor agrees that the covenants and representations in Paragraph A above are material

conditions to this Agreement.

C. This Section does not apply if the Contractor is a not-for-profit corporation.



ARTICLE 14 - MISCELLANEOUS PROVISIONS

Section 14.01 Conditions Precedent

A. This Agreement shall be neither binding nor effective unless and until it is registered pursuant to Charter

§ 328.

B. The requirements of this Section shall be in addition to, and not in lieu of, any approval or authorization

otherwise required for this Agreement to be effective and for the expenditure of City funds.

Section 14.02 Merger

This written Agreement contains all the terms and conditions agreed upon by the parties, and no other agreement,

oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties, or

to vary any of the terms contained in this Agreement, other than a written change, amendment or modification duly

executed by both parties pursuant to Article 9 of this Appendix A.

Section 14.03 Headings

Headings are inserted only as a matter of convenience and therefore are not a part of and do not affect the

substance of this Agreement.


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Section 14.04 Notice

A. The Contractor and the Department hereby designate the business addresses specified at the beginning of

this Agreement as the places where all notices, directions, or communications from one such party to the other party shall

be delivered, or to which they shall be mailed. Either party may change its notice address at any time by an instrument in

writing executed and acknowledged by the party making such change and delivered to the other party in the manner as

specified below.

B. Any notice, direction, or communication from either party to the other shall be in writing and shall be

deemed to have been given when (i) delivered personally; (ii) sent by certified mail, return receipt requested; (iii) delivered

by overnight or same day courier service in a properly addressed envelope with confirmation; or (iv) sent by fax or email

and, unless receipt of the fax or e-mail is acknowledged by the recipient by fax or e-mail, deposited in a post office box

regularly maintained by the United States Postal Service in a properly addressed, postage pre-paid envelope.

C. Nothing in this Section shall be deemed to serve as a waiver of any requirements for the service of notice

or process in the institution of an action or proceeding as provided by Law, including the New York Civil Practice Law and

Rules.

Section 14.05 Monies Withheld

When the Commissioner shall have reasonable grounds for believing that: (1) the Contractor will be unable to

perform this Contract fully and satisfactorily within the time fixed for performance; or (2) a meritorious claim exists or will

exist against the Contractor or the City arising out of the negligence of the Contractor or the Contractor’s breach of any

provision of this contract; then the Commissioner or the Comptroller may withhold payment of any amount otherwise due

and payable to the Contractor hereunder. Any amount so withheld may be retained by the City for such period as it may

deem advisable to protect the City against any loss and may, after written notice to the Contractor, be applied in satisfaction

of any claim herein described. This provision is intended solely for the benefit of the City, and no person shall have any

right against the Commissioner or claim against the City by reason of the Commissioner's failure or refusal to withhold

monies. No interest shall be payable by the City on any amounts withheld under this provision. This provision is not

intended to limit or in any way prejudice any other right of the City.

Section 14.06 Whistleblower Protection Expansion Act Rider

(1) In accordance with Local Law Nos. 30-2012 and 33-2012, codified at sections 6-132 and 12-113 of the New York

City Administrative Code, respectively,

(a) Contractor shall not take an adverse personnel action with respect to an officer or employee in retaliation

for such officer or employee making a report of information concerning conduct which such officer or employee knows or

reasonably believes to involve corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority

by any officer or employee relating to this Contract to (i) the Commissioner of the Department of Investigation, (ii) a

member of the New York City Council, the Public Advocate, or the Comptroller, or (iii) the City Chief Procurement

Officer, ACCO, Agency head, or Commissioner.

(b) If any of Contractor’s officers or employees believes that he or she has been the subject of an adverse

personnel action in violation of subparagraph (a) of paragraph 1 of this rider, he or she shall be entitled to bring a cause of

action against Contractor to recover all relief necessary to make him or her whole. Such relief may include but is not

limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have

had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv)

payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the

retaliation, including litigation costs and reasonable attorney’s fees.

(c) Contractor shall post a notice provided by the City in a prominent and accessible place on any site where

work pursuant to the Contract is performed that contains information about:

(i) how its employees can report to the New York City Department of Investigation allegations of fraud,

false claims, criminality or corruption arising out of or in connection with the Contract; and


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(ii) the rights and remedies afforded to its employees under New York City Administrative Code sections 7-

805 (the New York City False Claims Act) and 12-113 (the Whistleblower Protection Expansion Act) for

lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality or

corruption in connection with the Contract.

(d) For the purposes of this rider, “adverse personnel action” includes dismissal, demotion, suspension,

disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space, equipment or other

benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes

of the affected officer or employee.

(e) This rider is applicable to all of Contractor’s subcontractors having subcontracts with a value in excess of

$100,000; accordingly, Contractor shall include this rider in all subcontracts with a value a value in excess of $100,000.

(2) Paragraph 1 is not applicable to this Contract if it is valued at $100,000 or less. Subparagraphs (a), (b), (d), and (e)

of paragraph 1 are not applicable to this Contract if it was solicited pursuant to a finding of an emergency. Subparagraph (c)

of paragraph 1 is neither applicable to this Contract if it was solicited prior to October 18, 2012 nor if it is a renewal of a

contract executed prior to October 18, 2012.


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AFFIRMATION

The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in arrears to the City of New

York upon debt, contract or taxes and is not a defaulter, as surety or otherwise, upon obligation to the City of New York,

and has not been declared not responsible, or disqualified, by any agency of the City of New York, nor is there any

proceeding pending relating to the responsibility or qualification of the proposer or bidder to receive public contract except

_____________________________________________________________.

Full name of Proposer or Bidder [below]

____________________________________________________________________________

Address_____________________________________________________________________

City___________________________ State_____________________ Zip Code____________

CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER:

A - Individual or Sole Proprietorships

SOCIAL SECURITY NUMBER _____________________________________

B - Partnership, Joint Venture or other unincorporated organization

EMPLOYER IDENTIFICATION NUMBER ___________________________

C - Corporation

EMPLOYER IDENTIFICATION NUMBER ___________________________

By_____________________________

Signature

_______________________________

Title

If a corporation place seal here

Must be signed by an officer or duly authorized representative.

* Under the Federal Privacy Act, the furnishing of Social Security numbers by bidders or proposers on City

contracts is voluntary. Failure to provide a Social Security number will not result in a bidder’s/proposer’s

disqualification. Social Security numbers will be used to identify bidders, proposers or vendors to ensure their

compliance with laws, to assist the City in enforcement of laws, as well as to provide the City a means of

identifying businesses seeking City contracts.


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CERTIFICATES OF INSURANCE

Instructions to New York City Agencies, Departments, and Offices

All certificates of insurance (except certificates of insurance solely evidencing Workers’ Compensation

Insurance, Employer’s Liability Insurance, and/or Disability Benefits Insurance) must be accompanied by one of

the following:

(1) the Certification by Insurance Broker or Agent on the following page setting forth the required

information and signatures;

-- OR –

(2) copies of all policies as certified by an authorized representative of the issuing insurance carrier that are

referenced in such certificate of insurance. If any policy is not available at the time of submission,

certified binders may be submitted until such time as the policy is available, at which time a certified

copy of the policy shall be submitted.


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CITY OF NEW YORK

CERTIFICATION BY INSURANCE BROKER OR AGENT

The undersigned insurance broker or agent represents to the City of New York that the attached Certificate of Insurance

is accurate in all material respects.

_____________________________________________________

[Name of broker or agent (typewritten)]

_____________________________________________________

[Address of broker or agent (typewritten)]

_____________________________________________________

[Email address of broker or agent (typewritten)]

_____________________________________________________

[Phone number/Fax number of broker or agent (typewritten)]

_____________________________________________________

[Signature of authorized official, broker, or agent]

_____________________________________________________

[Name and title of authorized official, broker, or agent (typewritten)]

State of ……………………….)

) ss.:

County of …………………….)

Sworn to before me this _____ day of ___________ 20___

_______________________________________________________

NOTARY PUBLIC FOR THE STATE OF ____________________

Request for Proposals · v. proposal evaluation and contract award procedures vi. general...

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